Alex Rubio, Jr. v. HHS - Influenza, Guillain-Barré syndrome (GBS) (2018)

On November 21, 2017, Maria Cristina Rubio, as personal representative for the estate of Alex Rubio, Jr., filed a petition for compensation under the National Vaccine Injury Compensation Program. The petition alleged that Alex Rubio, Jr. received an influenza vaccine on September 30, 2016, and subsequently developed Guillain-Barré syndrome (GBS), which resulted in his death on November 16, 2016.

The respondent denied that the vaccine caused the alleged GBS or death. The parties, represented by Darlene Mayre Carroll for the petitioner and Darryl R.

Wishard for the respondent, filed a joint stipulation on December 17, 2018, agreeing to settle the case. 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, a lump sum award of $330,000.00 was granted, payable to Maria Cristina Rubio as the personal representative of the estate. This amount is intended to compensate for all damages available under the Vaccine Act.

The case was processed as a Table claim. The stipulation also addressed future proceedings for attorneys' fees and costs, and stipulated that payments would be made in accordance with 42 U.S.C. § 300aa-15(i).

The petitioner released the United States and the Secretary of Health and Human Services from all claims related to the alleged vaccine injury and death. The decision was made public on February 6, 2019.