Rosella Lyons v. HHS - Influenza, Guillain-Barré syndrome (GBS) (2015)

Filed 2009-10-02Decided 2015-09-09Vaccine Influenza
compensated$300,000

Case summary [AI summaries can sometimes make mistakes]

Rosella Lyons filed a petition on October 2, 2009, alleging that an influenza vaccine administered to her on October 14, 2008 caused her to develop Guillain-Barré syndrome. The petition originally listed the vaccination date as October 14, 2007, but Ms.

Lyons's medical records reflected October 14, 2008, and the parties subsequently stipulated that the latter date was accurate. The parties filed a joint stipulation on January 2, 2015.

Respondent denied that the flu vaccine caused Ms. Lyons's GBS or any other injury, and further denied that her current disabilities were sequelae of a vaccine-related 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. Lyons received a lump sum payment of $300,000.00 representing compensation for all damages available under 42 U.S.C. § 300aa-15(a).

On August 17, 2015, the parties filed a stipulation concerning final attorneys' fees and costs, agreeing to an award of $79,877.21. Ms.

Lyons represented that she had not personally incurred any costs. Special Master Hamilton-Fieldman awarded $79,877.21, payable jointly to Ms.

Lyons and her attorney, F. John Caldwell, Jr., of Maglio, Christopher & Toale, PA.

Theory of causation

Flu vaccine Oct 14, 2008 (petition listed 2007; corrected by stipulation) → GBS. Joint stipulation Jan 2, 2015; respondent denied causation; $300,000 lump sum (SM Hamilton-Fieldman Jan 5, 2015). Fees $79,877.21 (Aug 18, 2015). decision_date corrected to 2015-09-09 (last granule date_issued; DB had 2015-01-26 = compensation decision date).

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