Manny Figueroa v. HHS - Influenza, Miller Fisher variant of Guillain-Barré syndrome (2015)

Filed 2015-02-23Decided 2015-03-30Vaccine Influenza
compensated$285,000death

Case summary [AI summaries can sometimes make mistakes]

Stephanie Figueroa, as personal representative of the estate of Manny Figueroa, deceased, filed a petition on November 1, 2010, alleging that Manny Figueroa suffered from the Miller Fisher variant of Guillain-Barré syndrome (GBS) as a result of an influenza vaccine administered on or around October 21, 2008. The precise date of vaccination was later determined by the Special Master to be between October 22, 2008, and November 1, 2008.

The respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused Mr. Figueroa's condition or death, or was a substantial factor in his death.

Despite this denial, the parties filed a joint stipulation for damages. Under this stipulation, approved by Special Master Lisa Hamilton-Fieldman, Petitioner was to receive a lump sum of $175,000.00, payable to the estate, as compensation for all damages.

The decision on damages was issued on March 16, 2015. Separately, the parties filed a stipulation regarding attorneys' fees and costs.

The parties agreed to an award of $110,000.00 for attorneys' fees and costs, which Special Master Hamilton-Fieldman found to be reasonable and appropriate, noting that the petition was brought in good faith with a reasonable basis. This award was made payable jointly to Petitioner and her counsel, Michael B.

Feiler of Feiler & Leach, P.L. The decision on fees and costs was issued on March 30, 2015.

Judgment was to be entered in accordance with both stipulations.

Theory of causation

Petitioner alleged that Manny Figueroa suffered from the Miller Fisher variant of Guillain-Barré syndrome (GBS) as a result of an influenza vaccine administered on or around October 21, 2008 (later determined to be between October 22, 2008, and November 1, 2008). Respondent denied causation. The parties stipulated to an award of $175,000.00 for all damages and $110,000.00 for attorneys' fees and costs. The public decision does not describe the specific medical mechanism, expert testimony, or clinical details supporting the theory of causation, nor does it name the Special Master's specific reasoning beyond adopting the parties' stipulation. The outcome was a compensated award. The decision dates were March 16, 2015 (damages) and March 30, 2015 (fees). Petitioner's counsel was Michael B. Feiler of Feiler & Leach, P.L., and respondent's counsel was Lisa A. Watts of the United States Department of Justice. Special Master Lisa Hamilton-Fieldman approved the stipulations.

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