Stewart Goldstein v. HHS - Influenza, Guillain-Barré Syndrome (GBS) and complications from his illness, including death (2019)

Filed 2017-06-27Decided 2019-01-15Vaccine Influenza
compensated$387,000death

Case summary [AI summaries can sometimes make mistakes]

On June 27, 2017, Benita Goldstein, as Personal Representative of the Estate of Stewart Goldstein, filed a petition for compensation under the National Vaccine Injury Compensation Program. The petition alleged that Stewart Goldstein received an influenza vaccination on September 30, 2016, and subsequently developed Guillain-Barré Syndrome (GBS) and complications from his illness, including death.

The petition stated that the vaccination occurred in the United States and that neither the petitioner nor any other party had filed a civil action or received compensation for the alleged vaccine-caused injuries and death. The respondent denied that the flu vaccine caused Mr.

Goldstein's GBS, any other injury, or his death. Despite the respondent's denial, the parties filed a joint stipulation for compensation on November 21, 2018.

Chief Special Master Nora Beth Dorsey reviewed the stipulation and found it reasonable, adopting it as the decision of the court. Pursuant to the stipulation, the court awarded a lump sum of $387,000.00, payable by check to Benita Goldstein as the legal representative of the Estate of Stewart Goldstein.

This amount was designated as compensation for all items of damages available under § 15(a). The decision was issued on January 15, 2019.

The public decision does not describe the specific onset of symptoms, medical tests performed, treatments received, or the names of any medical experts consulted by either party. The specific mechanism of causation was not detailed in the public decision.

Theory of causation

Petitioner alleged that Stewart Goldstein received an influenza (Flu) vaccine on September 30, 2016, and subsequently developed Guillain-Barré Syndrome (GBS) and complications, including death. Respondent denied that the vaccine caused the alleged injuries or death. The parties filed a joint stipulation for compensation, which was adopted by the court. The award was $387,000.00. The public decision does not detail the specific theory of causation, medical experts, or the mechanism by which the vaccine allegedly caused the GBS and death. The case was decided based on a joint stipulation for compensation.

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