Andrea Lynette Ortiz v. HHS - Influenza, Guillain-Barré syndrome (2024)

Filed 2023-04-09Decided 2024-12-18Vaccine Influenza
compensated$138,137

Case summary [AI summaries can sometimes make mistakes]

Andrea Lynette Ortiz filed a petition for compensation under the National Vaccine Injury Compensation Program on June 7, 2023. She alleged that she suffered from Guillain-Barré syndrome (GBS), a condition listed in the Vaccine Injury Table, as a result of an influenza vaccine administered on January 4, 2022.

The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on April 8, 2024, conceding that Ms. Ortiz is entitled to compensation.

The respondent agreed that Ms. Ortiz met the criteria for a Table injury, specifically that her GBS onset occurred between three and forty-two days after the vaccination and that there was no apparent alternative cause.

Based on the respondent's concession and the evidence of record, Chief Special Master Brian H. Corcoran issued a Ruling on Entitlement on April 9, 2024, finding Ms.

Ortiz entitled to compensation. Subsequently, on November 14, 2024, the parties filed a joint stipulation for damages.

Chief Special Master Corcoran reviewed the stipulation, found it reasonable, and adopted it as his decision. Pursuant to the stipulation, Ms.

Ortiz was awarded a lump sum of $138,137.45, payable by check to Petitioner, as compensation for all damages. The public decision was issued on December 18, 2024.

Petitioner was represented by Jeffrey S. Pop of Jeffrey S.

Pop & Associates, and Respondent was represented by Kimberly Shubert Davey of the U.S. Department of Justice.

Theory of causation

Petitioner Andrea Lynette Ortiz alleged that she suffered from Guillain-Barré syndrome (GBS) as a result of an influenza vaccine administered on January 4, 2022. The respondent conceded entitlement, agreeing that Petitioner's GBS met the criteria for a Table injury under 42 C.F.R. §§ 100.3(a)(XIV)(D), (c)(15), with onset between three and forty-two days post-vaccination and no apparent alternative cause. The public text does not describe the specific onset date, symptoms, medical tests, treatments, or expert testimony. Chief Special Master Brian H. Corcoran issued a Ruling on Entitlement on April 9, 2024, finding Petitioner entitled to compensation. A joint stipulation for damages was filed on November 14, 2024, and adopted by Chief Special Master Corcoran in a decision issued on December 18, 2024. The stipulation resulted in an award of $138,137.45 as a lump sum payable to Petitioner. Petitioner was represented by Jeffrey S. Pop, and Respondent by Kimberly Shubert Davey.

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