Juanita Cruey v. HHS - Influenza, Guillain-Barre Syndrome (GBS) (2019)
Case summary [AI summaries can sometimes make mistakes]
Juanita Cruey filed a petition for compensation under the National Vaccine Injury Compensation Program on June 29, 2017. She alleged that she suffered Guillain-Barre Syndrome (GBS) as a result of an influenza vaccine received on December 3, 2015, and that she experienced residual effects for more than six months.
The respondent, the Secretary of Health and Human Services, denied that petitioner sustained a GBS Table injury, denied that the vaccine caused her alleged GBS or any other injury, and denied that her current condition was a sequelae of a vaccine-related injury. Despite these opposing positions, the parties filed a joint stipulation on July 15, 2019, agreeing to settle the issues between them.
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, Juanita Cruey was awarded $87,500.00 as a lump sum, payable by check to petitioner, representing compensation for all items of damages available under 42 U.S.C. § 300aa-15(a).
The decision was posted on the United States Court of Federal Claims' website on October 11, 2019. Petitioner was represented by Shealene Priscilla Mancuso of Muller Brazil, LLP, and respondent was represented by Colleen Clemons Hartley of the U.S.
Department of Justice. The public decision does not describe the specific onset of symptoms, diagnostic tests, treatments, or the medical experts consulted by either party.
The stipulation stated that the case was processed as a Table claim.
Theory of causation
Petitioner Juanita Cruey alleged Guillain-Barre Syndrome (GBS) resulting from an influenza vaccine received on December 3, 2015, with residual effects lasting more than six months. The respondent denied a Table injury, causation, and sequelae. The parties filed a joint stipulation agreeing to settlement. The case was processed as a Table claim. Chief Special Master Nora Beth Dorsey adopted the stipulation, awarding petitioner $87,500.00 as compensation for all damages under 42 U.S.C. § 300aa-15(a). The stipulation was approved on October 11, 2019. Petitioner's counsel was Shealene Priscilla Mancuso, and respondent's counsel was Colleen Clemons Hartley. The public text does not detail the specific mechanism of injury, expert testimony, or clinical findings.
Source PDFs
USCOURTS-cofc-1_17-vv-00888