A.L. v. HHS - Influenza, Guillain Barre Syndrome (GBS) (2018)

Jeffrey and Toni Ann Levine, on behalf of their minor child A.L., filed a petition for compensation under the National Vaccine Injury Compensation Program on June 23, 2017. They alleged that A.L. suffered Guillain-Barre Syndrome (GBS) as a result of an influenza vaccine received on November 2, 2015, and a measles mumps rubella (MMR) vaccine received on December 31, 2015.

The petition stated that the vaccines were administered in the United States, that A.L. experienced residual effects of this injury for more than six months, and that there had been no prior award or settlement of a civil action for damages on behalf of A.L. as a result of her condition. The respondent, the Secretary of Health and Human Services, denied that the vaccines caused A.L.'s GBS or any other injury.

However, on November 15, 2018, the parties filed a joint stipulation 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.

The decision awards compensation for all items of damages available under the program, sufficient to purchase an annuity contract. The exact award amount is not specified in this decision, which focuses on the stipulation for damages.

The decision notes that it is unpublished and will be posted on the United States Court of Federal Claims' website, with petitioners having 14 days to identify and move to redact information that would constitute an unwarranted invasion of privacy. Petitioner counsel was Diana Lynn Stadelnikas of Maglio Christopher & Toale, PA, and respondent counsel was Gabrielle Manganiello Fielding of the U.S.

Department of Justice.