Barbara Chester v. HHS - Influenza, Guillain-Barré Syndrome (GBS) (2014)

Barbara Chester filed a petition on October 2, 2009, alleging that an influenza vaccine she received on October 25, 2008 caused her to develop Guillain-Barré syndrome. Ms.

Chester died during the pendency of the proceedings. Her husband, Charles M.

Chester, was substituted as petitioner in his capacity as executor of her estate following a motion to re-caption filed on November 17, 2010, with the re-captioning order entered November 18, 2014. The parties filed a joint stipulation on March 21, 2014.

Respondent denied that the influenza vaccine caused Ms. Chester to suffer GBS or Chronic Inflammatory Demyelinating Polyneuropathy or any other injury.

Nevertheless, the parties agreed to resolve the case through stipulation. Special Master Hamilton-Fieldman found the stipulation reasonable and adopted it as the decision of the Court.

Ms. Chester's estate received a lump sum payment of $120,000.00 representing compensation for all damages available under 42 U.S.C. § 300aa-15(a).

On April 24, 2014, the parties filed a stipulation concerning final attorneys' fees and costs, agreeing to an award of $84,082.51, an amount to which respondent did not object after petitioner amended her application following respondent's review. Special Master Hamilton-Fieldman awarded $84,082.51, payable jointly to petitioner and petitioner's attorney, Franklin Caldwell, Jr., of the law firm Maglio, Christopher & Toale.