Ritu Bhatia-Nunez v. HHS - Influenza, Guillain-Barre Syndrome (2017)

Filed 2017-05-11Decided 2017-12-13Vaccine Influenza
compensated$150,000

Case summary [AI summaries can sometimes make mistakes]

Ritu Bhatia-Nunez filed a petition for compensation under the National Vaccine Injury Compensation Program on May 11, 2017, alleging she suffered from Guillain-Barre Syndrome (GBS) following an influenza vaccination. The petition stated that the vaccine was administered in the United States, that she experienced residual effects for more than six months, and that there had been no prior award or settlement of a civil action for damages.

The respondent denied that the flu immunization caused petitioner's alleged GBS and/or any other injuries. Despite the respondent's denial, the parties filed a joint stipulation on May 10, 2017, agreeing that a decision should be entered awarding compensation.

Chief Special Master Nora Beth Dorsey reviewed the stipulation and found it reasonable, adopting it as the decision of the Court. Pursuant to the stipulation, the court awarded Ritu Bhatia-Nunez a lump sum of $150,000.00, payable by check to the petitioner, as compensation for all items of damages available under the Vaccine Act.

The decision was issued on December 13, 2017. Petitioner was represented by Alison Haskins of Maglio Christopher and Toale, PA, and respondent was represented by Daniel Principato of the U.S.

Department of Justice. The public decision does not describe the specific date of vaccination, the onset of symptoms, specific clinical details, diagnostic tests, treatments, or the medical experts consulted.

Theory of causation

Petitioner Ritu Bhatia-Nunez alleged Guillain-Barre Syndrome (GBS) following an influenza vaccination. The respondent denied causation. The parties filed a joint stipulation agreeing to an award. The Special Master adopted the stipulation. The award was $150,000.00. The public decision does not specify the vaccination date, age, specific GBS onset or symptoms, diagnostic findings, treatments, or the mechanism of injury. No experts are named in the public text. The theory of causation is not detailed in the public decision, which relies on a stipulation for compensation.

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