Sean David Murphy v. HHS - Influenza, Guillain-Barré syndrome (2014)

Sean David Murphy filed a petition on April 29, 2011, alleging that the influenza vaccine he received on October 4, 2010, caused him to suffer Guillain-Barré syndrome (GBS). The respondent is the Secretary of Health and Human Services.

The case proceeded based on a stipulation of fact regarding attorneys' fees and costs. Petitioner received compensation for his GBS injury based on the parties' proffer, as confirmed by a prior decision filed on March 25, 2014.

Following this compensation, petitioner was entitled to an award of attorneys' fees and costs. Petitioner's counsel, Nancy R.

Meyers of Ward Black Law, sought a total of $110,809.74 in attorneys' fees and costs. Petitioner stated he incurred no out-of-pocket litigation expenses.

The respondent, represented by Michael P. Milmore of the U.S.

Department of Justice, did not object to the requested amount for attorneys' fees and costs. Special Master Christian J.

Moran reviewed the request and awarded a lump sum of $110,809.74. This amount was to be paid via check made payable to both Sean David Murphy and his attorney, Nancy R.

Meyers. The parties represented that a portion of these fees would be allocated to petitioner's previous counsel, Joseph Sarda, and Ms.

Meyers agreed to distribute the appropriate amount. The Special Master thanked the parties for their cooperative efforts.

The Clerk was ordered to enter judgment accordingly. The decision was issued on September 19, 2014.