Susanna Edelstein v. HHS - Influenza, Guillain-Barre Syndrome (GBS) or chronic inflammatory demyelinating polyneuropathy (CIDP) (2020)
Case summary [AI summaries can sometimes make mistakes]
Susanna Edelstein filed a petition on March 6, 2019, alleging that an influenza vaccine and/or a tetanus-diphtheria-acellular pertussis (Tdap) vaccine administered on September 5, 2016, caused her to suffer Guillain-Barre Syndrome (GBS) or chronic inflammatory demyelinating polyneuropathy (CIDP). The respondent, the Secretary of Health and Human Services, denied that the vaccines caused the GBS or CIDP and denied that the condition was factually caused by the vaccines.
Despite these denials, the parties filed a joint stipulation recommending an award of compensation to Ms. Edelstein.
Special Master Nora Beth Dorsey reviewed the stipulation and found it reasonable, adopting it as the decision of the Court. The stipulation provided for a lump sum award of $231,500.00, payable to Ms.
Edelstein, as compensation for all damages available under 42 U.S.C. § 300aa-15(a). The decision was based on this stipulation, and judgment was to be entered accordingly.
Edward M. Kraus represented the petitioner, and Ida Nassar represented the respondent.
The public decision does not describe the onset of symptoms, specific clinical details, diagnostic tests, treatments, or expert testimony.
Theory of causation
Petitioner Susanna Edelstein alleged that an influenza and/or Tdap vaccine administered on September 5, 2016, caused her to develop Guillain-Barre Syndrome (GBS) or chronic inflammatory demyelinating polyneuropathy (CIDP). The respondent denied causation. The parties submitted a joint stipulation for compensation, which Special Master Nora Beth Dorsey approved on November 4, 2020. The stipulation resulted in an award of $231,500.00. The specific theory of causation, including whether it was an "on-Table" or "off-Table" theory, the mechanism of injury, and any expert testimony, is not detailed in the public decision, which was based solely on the parties' stipulation. Petitioner was represented by Edward M. Kraus, and respondent by Ida Nassar.
Source PDFs
USCOURTS-cofc-1_19-vv-00345