Brenda Day v. HHS - Influenza, Guillain-Barrè syndrome (2015)
Case summary [AI summaries can sometimes make mistakes]
Brenda Day filed a petition on November 10, 2014, seeking compensation under the National Vaccine Injury Compensation Program. She alleged that she suffered from Guillain-Barrè syndrome (GBS) as a result of receiving an influenza vaccine on January 5, 2009, and that the effects of this injury lasted for more than six months.
The respondent denied that the flu vaccine caused Petitioner's alleged GBS or any other injury, and also denied that her current disabilities were sequelae of a vaccine-related injury. Despite these opposing positions, both parties agreed to settle the case through a stipulation filed on November 7, 2014.
Based on this stipulation, the Special Master issued a decision awarding compensation. The stipulation included a lump sum of $11,007.70 to reimburse a State of Indiana Medicaid lien and an additional $44,900.38 for all remaining damages.
Subsequently, on April 23, 2015, the parties filed another stipulation regarding attorney's fees and costs. Petitioner requested $43,581.09 for attorney's fees and costs, which the respondent did not object to.
The Special Master approved this amount as reasonable and directed that a check be issued jointly to Petitioner and her counsel. The total compensation awarded, including damages and attorney's fees, amounted to $55,908.08.
Source PDFs
USCOURTS-cofc-1_10-vv-00833