Andrea De Nuto v. HHS - Influenza, Guillain-Barré syndrome and/or transverse myelitis (2018)

Kristen De Nuto and Willis J. De Nuto, Jr., as substituted administrators of the estate of Andrea De Nuto, filed a petition for compensation on January 23, 2017.

The petition alleged that an influenza vaccine administered to Ms. De Nuto on October 18, 2014, caused her to develop Guillain-Barré syndrome and/or transverse myelitis, which ultimately led to her death.

The petition also stated that Ms. De Nuto suffered residual effects from the injury for more than six months.

Petitioners represented that there had been no prior award or settlement of a civil action for damages on her behalf. The respondent denied that the influenza vaccine caused Ms.

De Nuto's alleged injuries or death. Despite the respondent's denial, the parties filed a joint stipulation agreeing to compensation.

Special Master Christian J. Moran reviewed the stipulation and found it reasonable, adopting it as the decision of the Court.

The stipulation awarded a lump sum payment of $345,000.00, payable by check to the petitioners as substituted administrators of the estate of Andrea De Nuto. This amount was intended as compensation for all damages available under 42 U.S.C. § 300aa-15(a).

The decision noted that the case was an unpublished decision and that the parties had 14 days to file a motion proposing redactions of medical information. The clerk was directed to enter judgment according to the decision and stipulation, absent a motion for review.

The attorneys involved were Kate Westad for the petitioner and Adriana Teitel for the respondent.