Rodolfo Monterroso v. HHS - Influenza, Guillain-Barré syndrome (2019)
Case summary [AI summaries can sometimes make mistakes]
On September 22, 2017, Rodolfo Monterroso filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that he suffered Guillain-Barré syndrome (GBS) as a result of receiving an influenza vaccine and a tetanus-diphtheria-acellular pertussis (Tdap) vaccine on October 6, 2016. The respondent, the Secretary of Health and Human Services, denied that the vaccines caused the alleged injuries.
However, the parties reached a stipulation for an award. The decision notes that both the influenza and Tdap vaccines are listed on the Vaccine Injury Table.
The stipulation awarded Rodolfo Monterroso a lump sum of $85,000.00 as compensation for all damages. Special Master Thomas L.
Gowen adopted the parties' stipulation. The decision was entered on May 29, 2019.
Petitioner counsel was Danielle A. Strait of Maglio, Christopher & Toale.
Respondent counsel was Jay M. All of the U.S.
Department of Justice. The public decision does not describe the onset of symptoms, specific clinical details, medical tests, or treatments.
The specific mechanism of causation was not detailed in the public decision.
Theory of causation
Petitioner Rodolfo Monterroso received an influenza and Tdap vaccine on October 6, 2016, and subsequently alleged Guillain-Barré syndrome (GBS). The respondent denied causation. The case was settled via stipulation for an award of $85,000.00. Both the influenza and Tdap vaccines are listed on the Vaccine Injury Table, supporting a potential "Table" theory of causation. No specific medical experts or detailed causation theories were presented in the public decision text. The public decision does not describe the onset, symptoms, diagnostic tests, or treatments for the alleged GBS. The Special Master adopted the parties' stipulation. The decision date was May 29, 2019. Petitioner counsel was Danielle A. Strait, and respondent counsel was Jay M. All. Special Master was Thomas L. Gowen.
Source PDFs
USCOURTS-cofc-1_17-vv-01310