Estate Of Robert William van Keuren v. HHS - Influenza, Guillain-Barré syndrome (GBS) (2018)

The Estate of Robert William Van Keuren, by and through its co-Personal Representatives Robert Hammie Van Keuren and Sally Van Keuren, filed a petition on May 15, 2017. The petition alleged that an influenza vaccine administered to Mr.

Van Keuren on February 29, 2016, caused him to develop Guillain-Barré syndrome (GBS) and ultimately resulted in his death. The influenza vaccine is listed on the Vaccine Injury Table.

The respondent, the Secretary of Health and Human Services, denied that the vaccine caused or aggravated Mr. Van Keuren's GBS 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 the estate a lump sum payment of $160,000.00, payable by check to the petitioner, as compensation for all damages.

The decision noted that the parties could expedite the entry of judgment by filing a notice renouncing the right to seek review. Judgment was to be entered according to the decision and stipulation unless a motion for review was filed.

Petitioner's counsel was Diana Stadelnikas of Maglio Christopher & Toale, PA, and respondent's counsel was Alexis B. Babcock of the United States Department of Justice.