Alexandra Roman v. HHS - Influenza, Guillain-Barré syndrome (“GBS”) and Necrotizing Autoimmune Myositis (“NAM”) (2023)

Filed 2018-09-25Decided 2023-01-04Vaccine Influenza
compensated$257,150

Case summary [AI summaries can sometimes make mistakes]

Alexandra Roman filed a petition for compensation under the National Vaccine Injury Compensation Program on September 25, 2018, alleging that she suffered from Guillain-Barré syndrome (GBS) and Necrotizing Autoimmune Myositis (NAM) as a result of receiving an influenza vaccine on September 28, 2015. The respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused petitioner's conditions.

Despite maintaining their respective positions, the parties reached a stipulation for settlement. The stipulation awarded Alexandra Roman a lump sum of $257,150.00, which includes compensation for the first year of life care expenses ($7,150.00) and combined pain and suffering and past unreimbursable expenses ($250,000.00).

An additional amount sufficient to purchase an annuity contract was also awarded. This compensation covers all damages available under the Vaccine Act.

The decision was entered on January 4, 2023, by Special Master Thomas L. Gowen, based on the parties' stipulation.

Jessica E. Choper of Britcher Leone, L.L.C. represented the petitioner, and Christine M.

Becer of the U.S. Department of Justice represented the respondent.

The public decision does not describe the onset of symptoms, specific medical tests, treatments, or the mechanism of causation.

Theory of causation

Petitioner Alexandra Roman alleged that an influenza vaccine administered on September 28, 2015, caused her to develop Guillain-Barré syndrome (GBS) and Necrotizing Autoimmune Myositis (NAM). The respondent denied causation. The parties reached a stipulation for settlement, resulting in an award of $257,150.00, comprising $7,150.00 for first-year life care expenses and $250,000.00 for combined pain and suffering and past unreimbursable expenses, plus an amount for an annuity. The decision was entered on January 4, 2023, by Special Master Thomas L. Gowen. The public text does not detail the specific theory of causation, medical experts, or the mechanism by which the vaccine allegedly caused the alleged injuries.

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