VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_22-vv-00455
Package ID: USCOURTS-cofc-1_22-vv-00455
Petitioner: Margarita Galvan
Filed: 2022-04-21
Decided: 2023-12-04
Vaccine: influenza
Vaccination date: 2020-10-22
Condition: Guillain-Barré syndrome (GBS) which thereafter developed into chronic inflammatory demyelinating polyneuropathy (CIDP)
Outcome: compensated
Award amount USD: 180000

AI-assisted case summary:
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 field:
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.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_22-vv-00455-0
Date issued/filed: 2023-12-29
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 12/4/2023) regarding 41 DECISION Stipulation. Signed by Special Master Nora Beth Dorsey. (kis) Service on parties made.
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Case 1:22-vv-00455-UNJ Document 45 Filed 12/29/23 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
Filed: December 4, 2023
* * * * * * * * * * * * * * *
MARGARITA GALVAN, * UNPUBLISHED
*
*
*
Petitioner, * No. 22-455V
*
v. * Special Master Dorsey
*
SECRETARY OF HEALTH * Decision Based on Stipulation; Influenza
AND HUMAN SERVICES, * (“Flu”) Vaccine; Guillain-Barré Syndrome
* (“GBS”); Chronic Inflammatory
Respondent. * Demyelinating Polyneuropathy (“CIDP”).
*
* * * * * * * * * * * * * * *
Emily Beth Ashe, Anapol Weiss, Philadelphia, PA, for Petitioner.
Mark Kim Hellie, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION BASED ON STIPULATION1
On April 21, 2022, Margarita Galvan (“Petitioner”) filed a petition in the National
Vaccine Injury Program2 alleging that as a result of an influenza (“flu”) vaccination administered
on October 22, 2020, she suffered from a Table injury of Guillain-Barré syndrome (“GBS”)
which thereafter developed into chronic inflammatory demyelinating polyradiculoneuropathy
(“CIDP”). Petition at Preamble (ECF No. 1).
1 Because this Decision contains a reasoned explanation for the action in this case, the
undersigned is required to post it on the United States Court of Federal Claims’ website and/or at
https://www.govinfo.gov/app/collection/uscourts/national/cofc in accordance with the E-
Government Act of 2002. 44 U.S.C. § 3501 note (2018) (Federal Management and Promotion of
Electronic Government Services). This means the Decision will be available to anyone with
access to the Internet. In accordance with Vaccine Rule 18(b), Petitioner has 14 days to
identify and move to redact medical or other information, the disclosure of which would
constitute an unwarranted invasion of privacy. If, upon review, the undersigned agrees that the
identified material fits within this definition, the undersigned will redact such material from
public access.
2 The National Vaccine Injury Compensation Program is set forth in Part 2 of the National
Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755, codified as amended,
42 U.S.C. §§ 300aa-10 to -34 (2018) (“Vaccine Act” or “the Act”). All citations in this Decision
to individual sections of the Vaccine Act are to 42 U.S.C.A. § 300aa.

Case 1:22-vv-00455-UNJ Document 45 Filed 12/29/23 Page 2 of 7
On December 4, 2023, the parties filed a stipulation recommending an award of
compensation to Petitioner. Stipulation (ECF No. 40). Respondent denies that Petitioner
sustained the onset of a GBS Table injury within the Table timeframe and further denies that the
flu vaccine caused in fact Petitioner’s alleged GBS, CIDP, any other injury, or her current
condition. Nevertheless, the parties agree to the joint stipulation, attached hereto as Appendix A.
The undersigned finds the stipulation reasonable and adopts it as the decision of the Court in
awarding damages, on the terms set forth therein.
The parties stipulate that Petitioner shall receive the following compensation:
A lump sum of $180,000.00 in the form of a check payable to Petitioner.
Stipulation at ¶ 8. This amount represents compensation for all damages that would be
available under 42 U.S.C. § 300aa-15(a).
The undersigned approves the requested amount for Petitioner’s compensation.
Accordingly, an award should be made consistent with the stipulation.
In the absence of a motion for review filed pursuant to RCFC Appendix B, the Clerk of
Court SHALL ENTER JUDGMENT in accordance with the terms of the parties’ stipulation.3
IT IS SO ORDERED.
s/Nora B. Dorsey
Nora B. Dorsey
Special Master
3 Pursuant to Vaccine Rule 11(a), entry of judgment is expedited by the parties’ joint filing of
notice renouncing the right to seek review.

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