Robert Nocille v. HHS - Influenza, Guillain-Barre Syndrome (GBS) (2021)

Filed 2021-01-27Decided 2021-03-04Vaccine Influenza
compensated$195,000

Case summary [AI summaries can sometimes make mistakes]

Robert Nocille filed a petition on January 27, 2021, seeking compensation under the National Vaccine Injury Compensation Program. He alleged that he suffered Guillain-Barre Syndrome (GBS) as a result of an influenza vaccination received on January 3, 2018.

Mr. Nocille claimed the vaccine was administered in the United States, that his injury had residual effects lasting more than six months, and that he had not received a prior award or settlement for this injury.

The respondent, the Secretary of Health and Human Services, denied that Mr. Nocille sustained a GBS Table injury or that his alleged GBS and residual effects were caused-in-fact by the flu vaccine.

Despite these denials, the parties filed a joint stipulation on January 26, 2021, agreeing that compensation should be awarded. Chief Special Master Brian H.

Corcoran reviewed the stipulation, found it reasonable, and adopted it as the decision. Mr.

Nocille was awarded a lump sum of $195,000.00, payable by check to the Petitioner, as compensation for all items of damages available under Section 15(a) of the Vaccine Act. The public decision does not describe the onset of symptoms, specific clinical details, diagnostic tests, treatments, or expert witnesses.

Theory of causation

Petitioner Robert Nocille alleged that his January 3, 2018, influenza vaccination caused Guillain-Barre Syndrome (GBS). Respondent denied a Table injury and causation-in-fact. The parties filed a joint stipulation for compensation, which Chief Special Master Brian H. Corcoran found reasonable and adopted. The decision does not detail the specific theory of causation, medical experts, or evidence presented, as it was resolved by stipulation. The award was a lump sum of $195,000.00 for all damages under Section 15(a). Decision date: March 4, 2021. Petitioner's counsel: Jerry Allan Lindheim. Respondent's counsel: Christine Mary Becer.

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