Michael Bacotti v. HHS - Influenza, Guillain-Barré syndrome (2019)
Case summary [AI summaries can sometimes make mistakes]
Michael Bacotti filed a petition for compensation under the National Vaccine Injury Compensation Program on August 21, 2017. He alleged that he received an influenza vaccination on or about September 21, 2016, and subsequently developed Guillain-Barré syndrome (GBS) as a result of this vaccination.
The respondent, the Secretary of Health and Human Services, denied that the flu vaccination caused Mr. Bacotti's GBS or any other injury.
Despite maintaining their respective positions, the parties reached a stipulation to settle the issues. The stipulation provided for a lump sum award of $800,431.75, payable to the petitioner, to compensate for all damages.
Special Master Thomas L. Gowen adopted the stipulation and ordered that judgment be entered in accordance with its terms.
The decision was issued on August 21, 2019. Petitioner's counsel was Leah V.
Durant of the Law Offices of Leah V. Durant, PLLC, and respondent's counsel was Christine M.
Becer from the United States Department of Justice. The public decision does not describe the onset of symptoms, specific clinical details, diagnostic tests, treatments, or the mechanism of causation.
Theory of causation
Michael Bacotti received an influenza vaccination on or about September 21, 2016, and subsequently filed a petition alleging Guillain-Barré syndrome (GBS). The respondent denied causation. The parties reached a stipulation for settlement, agreeing to an award of $800,431.75. The public decision does not detail the specific theory of causation, expert testimony, or the mechanism by which the vaccine allegedly caused GBS. The Special Master adopted the stipulation, and the decision was issued on August 21, 2019, by Special Master Thomas L. Gowen. Petitioner was represented by Leah V. Durant, and respondent by Christine M. Becer.
Source PDFs
USCOURTS-cofc-1_17-vv-01126