Bedford Boylston v. HHS - Influenza, encephalitis and/or the significant aggravation of encephalitis (2016)

Col. Bedford Boylston filed a petition on February 25, 2011, alleging that influenza vaccinations he received on December 15, 2008 and September 25, 2009 caused him to develop encephalitis and/or significantly aggravated his encephalitis, with residual effects lasting more than six months.

On December 15, 2008, petitioner also received anthrax, typhoid, and smallpox vaccinations; those vaccines are not covered under the Vaccine Act but may be eligible for coverage under the Countermeasures Injury Compensation Program (CICP). On February 1, 2016, the parties filed a joint stipulation.

Respondent denied that the influenza vaccines caused encephalitis, significant aggravation of encephalitis, or any other injury. Nevertheless, the parties agreed to resolve the case through stipulation, and Special Master Gowen found the stipulation reasonable and adopted it as the decision of the Court.

Petitioner received a lump sum of $850,000.00, representing compensation for all damages available under 42 U.S.C. § 300aa-15(a). As part of the stipulation, petitioner waived any claims under the CICP related to the same alleged injuries.

Attorneys' fees and costs were reserved for separate proceedings.