Margarita Galvan v. HHS - Influenza, Guillain-Barré syndrome (GBS) which thereafter developed into chronic inflammatory demyelinating polyneuropathy (CIDP) (2023)
Case summary [AI summaries can sometimes make mistakes]
On April 21, 2022, Margarita Galvan filed a petition alleging that an influenza vaccine administered on October 22, 2020, caused her to suffer from Guillain-Barré syndrome (GBS), a condition listed in the Vaccine Injury Table, which later developed into chronic inflammatory demyelinating polyneuropathy (CIDP). The respondent denied that the vaccine caused a GBS Table injury within the specified timeframe or in fact caused GBS, CIDP, or any other injury.
Despite these denials, the parties reached a stipulation for compensation. Special Master Nora Beth Dorsey reviewed the stipulation and found it reasonable, adopting it as the court's decision.
The stipulation awarded Margarita Galvan a lump sum of $180,000.00, payable by check to Petitioner, as compensation for all damages. Both parties agreed to waive their right to seek review, allowing for expedited judgment.
The decision was filed on December 4, 2023. Petitioner's counsel was Emily Beth Ashe of Anapol Weiss, and respondent's counsel was Mark Kim Hellie of the U.S.
Department of Justice.
Theory of causation
Petitioner Margarita Galvan alleged that an influenza vaccine administered on October 22, 2020, caused a Table injury of Guillain-Barré syndrome (GBS), which subsequently developed into chronic inflammatory demyelinating polyneuropathy (CIDP). Respondent denied that the vaccine caused a GBS Table injury within the Table timeframe or in fact caused GBS, CIDP, or any other injury. The parties reached a stipulation for compensation, which was adopted by Special Master Nora Beth Dorsey. The stipulation resulted in an award of $180,000.00 to Petitioner for all damages. The public decision does not describe the specific mechanism of causation, expert testimony, or detailed clinical information regarding the onset, symptoms, tests, or treatments.
Source PDFs
USCOURTS-cofc-1_22-vv-00455