Pasquale DiMinno v. HHS - Influenza, Guillain-Barré syndrome (GBS) and death (2022)
Case summary [AI summaries can sometimes make mistakes]
On July 29, 2019, Maria DiMinno, as the Personal Representative of the Estate of Pasquale DiMinno, filed a petition for compensation under the National Vaccine Injury Compensation Program. The petition alleged that Pasquale DiMinno suffered injuries, including Guillain-Barré syndrome (GBS) and death, following receipt of an influenza vaccine on October 18, 2017.
The petitioner further alleged that the vaccine was administered in the United States and that Mr. DiMinno passed away as a result of his GBS.
The respondent, the Secretary of Health and Human Services, denied that the vaccine caused Mr. DiMinno's alleged injuries or death.
Despite the denial, the parties filed a joint stipulation for compensation on February 3, 2022. Chief Special Master Brian H.
Corcoran found the stipulation reasonable and adopted it as his decision. Pursuant to the stipulation, a lump sum of $275,000.00 was awarded in the form of a check payable to Maria DiMinno, as the Personal Representative of the Estate of Pasquale DiMinno.
This amount was designated as compensation for all items of damages available under Section 15(a) of the Vaccine Act. The decision notes that the case was an unpublished decision and that the petitioner had 14 days to identify and move to redact any information that would constitute an unwarranted invasion of privacy.
The stipulation included representations from the petitioner that no civil action had been filed or compensation received for Mr. DiMinno's GBS, and that the vaccine was contained in the Vaccine Injury Table.
The stipulation also stated that it represented a full and complete negotiated settlement of liability and damages, and that it was not an admission by the United States or the Secretary that the vaccine caused Mr. DiMinno's alleged injuries or death.
Petitioner's counsel was Leah VaSahnja Durant, and respondent's counsel was Emilie Williams. The decision was issued by Chief Special Master Brian H.
Corcoran.
Theory of causation
Petitioner Maria DiMinno, as Personal Representative of the Estate of Pasquale DiMinno, alleged that Pasquale DiMinno suffered Guillain-Barré syndrome (GBS) and death following receipt of an influenza vaccine on October 18, 2017. The vaccine is listed in the Vaccine Injury Table. The respondent denied causation. The parties reached a joint stipulation for compensation, and Chief Special Master Brian H. Corcoran awarded $275,000.00 to the estate. The stipulation stated that the parties agreed to settle the issues and that a decision awarding compensation should be entered. The award represents compensation for all damages available under 42 U.S.C. § 300aa-15(a). The stipulation was not an admission of causation by the respondent. Petitioner's counsel was Leah VaSahnja Durant, and respondent's counsel was Emilie Williams. The decision date was February 3, 2022.
Source PDFs
USCOURTS-cofc-1_19-vv-01089