Luis Garcia v. HHS - Influenza, Guillain-Barré Syndrome (“GBS”) and/or chronic inflammatory demyelinating polyneuropathy (“CIDP”) (2018)
Case summary [AI summaries can sometimes make mistakes]
Luis Garcia filed a petition for compensation under the National Vaccine Injury Compensation Program on December 22, 2016. Mr.
Garcia alleged that he suffered Guillain-Barré Syndrome (GBS) and/or chronic inflammatory demyelinating polyneuropathy (CIDP) as a result of an influenza vaccination he received on September 7, 2015. The respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused Mr.
Garcia's alleged GBS and/or CIDP or any other injury. Despite these denials, the parties reached a joint stipulation to settle the issues.
Special Master Thomas L. Gowen found the stipulation to be reasonable and adopted it as the decision of the Court.
Judgment was entered in accordance with the stipulation, awarding Luis Garcia a lump sum of $215,000.00, representing all damages available under the program. The public decision does not describe the specific onset of symptoms, clinical details, medical tests, treatments, or expert witnesses involved in this case.
Petitioner counsel was Jeffrey S. Pop, and respondent counsel was Adriana R.
Teitel.
Theory of causation
Luis Garcia received an influenza vaccination on September 7, 2015, and subsequently alleged Guillain-Barré Syndrome (GBS) and/or chronic inflammatory demyelinating polyneuropathy (CIDP). The respondent denied causation. The parties entered into a joint stipulation for settlement. Special Master Thomas L. Gowen adopted the stipulation, awarding petitioner Luis Garcia $215,000.00. The public text does not specify the theory of causation, the mechanism of injury, or any expert testimony. Petitioner counsel was Jeffrey S. Pop, and respondent counsel was Adriana R. Teitel. The decision date was October 17, 2018.
Source PDFs
USCOURTS-cofc-1_16-vv-01687