Martin Powers v. HHS - Influenza, Guillain-Barré syndrome (2014)

Filed 2010-08-05Decided 2014-09-05Vaccine Influenza
compensated$100,000

Case summary [AI summaries can sometimes make mistakes]

Martin Powers filed a petition on August 5, 2010, alleging that an influenza vaccine he received caused him to develop Guillain-Barré syndrome. Mr.

Powers died on March 8, 2012 from causes unrelated to the vaccine injury, and his spouse and executor of his estate, Rene G. Powers, was substituted as petitioner on May 29, 2012.

Respondent denied that Mr. Powers' GBS or related medical problems were caused by the flu vaccine.

Nevertheless, on August 7, 2014, the parties filed a joint stipulation agreeing that the issues could be settled and that compensation should be awarded. Special Master Corcoran found the stipulation reasonable and adopted it as the decision of the Court.

Petitioner received a lump sum of $100,000.00 as executor of the estate of Martin Powers, representing all damages available under 42 U.S.C. § 300aa-15(a). In the same stipulation, the parties agreed to attorneys' fees and costs of $28,322.17, payable jointly to petitioner and petitioner's counsel, Diana S.

Sedar, Esq. Petitioner had not personally incurred any reimbursable costs.

Theory of causation

Flu vaccine → GBS. Martin Powers died March 8, 2012 (unrelated); Rene G. Powers (spouse/executor) substituted. Joint stipulation Aug 7, 2014; respondent denied causation; SM Corcoran. $100,000 comp + $28,322.17 fees in same decision. award corrected: 128322 → 100000 (DB had comp+fees combined).

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