Robert Sandoval v. HHS - Influenza, Guillain-Barre Syndrome (GBS) (2020)

Sherrie Sandoval, as Personal Representative of the Estate of Robert Sandoval, filed a petition for compensation under the National Vaccine Injury Compensation Program on August 22, 2018. The petition alleged that Robert Sandoval suffered Guillain-Barre Syndrome (GBS) as a result of an influenza vaccination administered on September 26, 2016, and that this condition subsequently caused his death.

The respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused Mr. Sandoval's alleged GBS, any other injury, or his death.

Despite these denials, the parties filed a joint stipulation on February 24, 2020, agreeing to settle the case and award compensation. Chief Special Master Brian H.

Corcoran reviewed the stipulation and found it reasonable, adopting its terms as the basis for the decision. The decision awarded a lump sum of $2,198.72 to reimburse a Medicaid lien, payable jointly to Petitioner and the New Mexico Human Services Department.

Additionally, a lump sum of $275,000.00 was awarded as compensation for all other damages, payable to Petitioner as Legal Representative of the Estate of Robert Sandoval. The total compensation awarded was $277,198.72.

The stipulation also addressed the process for awarding reasonable attorneys' fees and costs, and included a release of claims by the petitioner against the United States and the respondent. The public decision was issued on March 27, 2020.

Petitioner counsel was Bridget Candace McCullough of Muller Brazil, LLP, and respondent counsel was Traci R. Patton of the U.S.

Department of Justice.