Virginia Vahle v. HHS - Influenza, Guillain-Barre Syndrome (GBS) (2018)
Case summary [AI summaries can sometimes make mistakes]
Virginia Vahle filed a petition for compensation under the National Vaccine Injury Compensation Program on November 22, 2016, alleging that she suffered Guillain-Barre Syndrome (GBS) following the administration of an influenza vaccine. The petition stated that the flu immunization was administered within the United States, that there had been no prior award or settlement of a civil action for damages on her behalf as a result of her condition, and that her vaccine-related injuries had lasted more than six months.
The respondent denied that the flu vaccine caused petitioner to suffer GBS, Chronic Inflammatory Demyelinating Polyneuropathy (CIDP), or any other injury or condition. On September 25, 2017, the parties filed a joint stipulation for damages, agreeing that compensation should be awarded.
Chief Special Master Nora Beth Dorsey found the stipulation reasonable and adopted it as the decision of the Court. Pursuant to the stipulation, Virginia Vahle was awarded a lump sum of $120,000.00, payable by check to the petitioner.
This amount represents compensation for all items of damages available under the Vaccine Act. The decision was issued on June 6, 2018.
Petitioner was represented by Anne Carrion Toale of Maglio Christopher & Toale, PA, and respondent was represented by Traci R. Patton of the U.S.
Department of Justice. The public decision does not describe the specific date of vaccination, the petitioner's age at vaccination, specific symptoms, medical tests, treatments, or expert witnesses.
Theory of causation
Petitioner Virginia Vahle alleged Guillain-Barre Syndrome (GBS) following an influenza (flu) vaccination. Respondent denied causation. The parties filed a joint stipulation for damages, agreeing to an award. Chief Special Master Nora Beth Dorsey adopted the stipulation. The award was $120,000.00 as a lump sum. The public decision does not specify the vaccination date, petitioner's age, the specific theory of causation, medical experts, or the mechanism of injury. The decision was issued on June 6, 2018, based on a petition filed November 22, 2016. Petitioner's counsel was Anne Carrion Toale, and respondent's counsel was Traci R. Patton.
Source PDFs
USCOURTS-cofc-1_16-vv-01562