Salvador Fernandez v. HHS - Influenza, Guillain-Barré Syndrome (2025)
Case summary [AI summaries can sometimes make mistakes]
Kevin Fernandez, as administrator of the estate of Salvador Fernandez, filed a petition for compensation on January 7, 2021. The petition alleged that the influenza vaccine administered on September 27, 2018, caused Mr.
Fernandez to suffer from Guillain-Barré Syndrome (GBS), a condition listed on the Vaccine Injury Table. Respondent denied that the flu vaccine caused Mr.
Fernandez's GBS or any other injury or death. Despite the denial, the parties reached a joint stipulation for compensation, which Special Master Christian J.
Moran found reasonable and adopted as the Court's decision. The stipulation awarded a lump sum of $75,000.00, to be paid via ACH deposit to petitioner's counsel's IOLTA account for disbursement to the petitioner as the legal representative of Mr.
Fernandez's estate. This award is intended to compensate for all damages available under 42 U.S.C. § 300aa-15(a).
The decision was issued on April 14, 2025. Petitioner's counsel was Lawrence R.
Cohan, and respondent's counsel was Madelyn Weeks. The public decision does not describe the onset of symptoms, specific clinical details, or expert testimony.
Theory of causation
Petitioner alleged that the influenza vaccine received on September 27, 2018, caused Guillain-Barré Syndrome (GBS), a condition listed on the Vaccine Injury Table. Respondent denied causation. The parties entered into a joint stipulation for compensation, which was adopted by Special Master Christian J. Moran. The stipulation resulted in an award of $75,000.00 as a lump sum for all damages. The public decision does not detail the specific mechanism of injury, expert testimony, or clinical findings. The theory of causation relied upon the Vaccine Injury Table. The decision date was April 14, 2025. Petitioner's counsel was Lawrence R. Cohan, and respondent's counsel was Madelyn Weeks.
Source PDFs
USCOURTS-cofc-1_21-vv-00252