A.C.R. v. HHS - Influenza, Guillain-Barré syndrome (GBS) (2021)

Filed 2017-11-14Decided 2021-03-05Vaccine Influenza
compensated$75,848

Case summary [AI summaries can sometimes make mistakes]

On November 14, 2017, Michael and Jocelyn Riley filed a petition on behalf of their minor daughter, A.C.R., alleging that she suffered from Guillain-Barré syndrome (GBS) as a result of an influenza vaccine received on April 29, 2016. The respondent denied that A.C.R. sustained a Table injury for GBS or that the vaccine caused her injury.

Despite maintaining their positions, both parties agreed to settle the case through a joint stipulation filed on December 17, 2020. Special Master Katherine E.

Oler reviewed the file and adopted the parties' stipulation as the decision. The stipulation awarded Petitioners a lump sum of $75,000.00 payable to them as guardians/conservators of A.C.R.'s estate, and an additional lump sum of $848.97 for past unreimbursed expenses paid on behalf of A.C.R., totaling $75,848.97.

This award represents compensation for all damages available under the National Vaccine Injury Compensation Program. The Special Master approved the award and directed the Clerk to enter judgment.

Petitioner counsel was Robert J. Krakow.

Respondent counsel was Darryl R. Wishard.

Theory of causation

Petitioners alleged that A.C.R. suffered from Guillain-Barré syndrome (GBS) as a result of an influenza vaccine received on April 29, 2016. Respondent denied that A.C.R. sustained a Table injury for GBS or that the vaccine caused or significantly aggravated her alleged injury. The parties entered into a joint stipulation to settle the case, with Petitioners receiving a total award of $75,848.97 ($75,000.00 in damages and $848.97 for past unreimbursed expenses). The public decision does not describe the specific theory of causation, medical experts, onset, symptoms, tests, treatments, or the mechanism of injury. Special Master Katherine E. Oler adopted the stipulation as the decision. The decision was issued on March 5, 2021, based on a stipulation filed December 17, 2020. Attorneys for Petitioner were Robert J. Krakow and for Respondent was Darryl R. Wishard.

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