Samantha Y. Wilson v. HHS - DTaP, Guillain Barré syndrome (GBS), or another neurological injury, which was caused in fact by the vaccinations. (2014)
Case summary [AI summaries can sometimes make mistakes]
Samantha Y. Wilson, as the parent and legal representative of her minor daughter S.W., filed a petition on July 26, 2010, under the National Vaccine Injury Compensation Program.
The petition alleged that S.W. received Inactivated Polio (IPV) and Diphtheria-Tetanus-Acellular Pertussis (DTaP) vaccines on July 30, 2007. Petitioner claimed that S.W. subsequently developed Guillain Barré syndrome (GBS) or another neurological injury caused by these vaccinations.
The respondent, the Secretary of Health and Human Services, denied that the vaccines caused S.W.'s alleged GBS, Chronic Inflammatory Demyelinating Polyneuropathy (CIDP), or any other injury, and denied that her current disabilities were sequelae of a vaccine-related injury. Despite these denials, the parties reached a stipulation for damages.
On August 18, 2014, Special Master Nora Beth Dorsey entered a decision awarding compensation based on this stipulation. The award included a lump sum of $112,165.67 for a Medicaid lien, payable jointly to petitioner and the State of Michigan, and a lump sum of $325,000.00 for all other damages, payable to petitioner as guardian/conservator of S.W.'s estate.
The total award for damages was $437,165.67. Subsequently, on January 23, 2015, the parties filed a stipulation for attorneys' fees and costs.
The respondent did not object to an award of $52,031.18 in attorneys' fees and costs, payable jointly to petitioner and the law firm of Rawls, McNelis & Mitchell, P.C. Petitioner represented $5,968.82 in reimbursable costs, payable to petitioner.
On January 26, 2015, Special Master Nora Beth Dorsey granted the motion for approval and payment of these fees and costs. The final award, including damages, attorneys' fees, and costs, totaled $492,165.67.
Petitioner was represented by Ramon Rodriguez of Rawls, McNelis and Mitchell, P.C., and respondent was represented by Glenn MacLeod of the United States Department of Justice. The public decision does not describe the onset of symptoms, specific clinical details, diagnostic tests, treatments, or the specific mechanism of causation.
Source PDFs
USCOURTS-cofc-1_10-vv-00483