Aurea Maria Ortiz Viera v. HHS - Influenza, Guillain-Barré syndrome (GBS) and/or Chronic Inflammatory Demyelinating Polyneuropathy (CIDP) (2022)
Case summary [AI summaries can sometimes make mistakes]
Aurea Maria Ortiz Viera filed a petition on March 11, 2021, seeking compensation under the National Vaccine Injury Compensation Program. Ms.
Ortiz Viera alleged that she suffered from Guillain-Barré syndrome (GBS) and/or Chronic Inflammatory Demyelinating Polyneuropathy (CIDP) as a result of receiving the influenza vaccine on September 12, 2018, and/or October 3, 2019. She claimed to have experienced residual effects of this injury for more than six months.
The respondent denied that Ms. Ortiz Viera sustained a GBS Table injury and denied that the flu vaccine caused her GBS, CIDP, or any other condition.
Despite maintaining their positions, both parties agreed to settle the case. They submitted a stipulation, which Chief Special Master Brian H.
Corcoran reviewed and found reasonable, adopting it as the decision. The stipulation awarded Ms.
Ortiz Viera a lump sum of $70,000.00 as compensation for all damages. Judgment was to be entered accordingly.
The public decision does not describe the specific onset of symptoms, medical tests, treatments, or expert witnesses. Petitioner was represented by Roberto E.
Ruiz-Comas, and Respondent was represented by Tyler King.
Theory of causation
Petitioner Aurea Maria Ortiz Viera alleged GBS and/or CIDP following influenza vaccinations on September 12, 2018, and/or October 3, 2019. The respondent denied a GBS Table injury and causation. The parties stipulated to settle the case. The stipulation awarded Petitioner $70,000.00 for all damages. The public decision does not specify the theory of causation, the mechanism, or any expert testimony. The case was decided by Chief Special Master Brian H. Corcoran on July 20, 2022, based on a stipulation. Petitioner's counsel was Roberto E. Ruiz-Comas, and Respondent's counsel was Tyler King.
Source PDFs
USCOURTS-cofc-1_21-vv-01049