Louis Benson v. HHS - Influenza, Guillain-Barrè syndrome (“GBS”) (2015)
Case summary [AI summaries can sometimes make mistakes]
Louis Benson filed a petition on September 29, 2011, alleging that a trivalent influenza vaccination he received on October 12, 2010 caused him to develop Guillain-Barré syndrome, with residual effects lasting more than six months. On March 23, 2015, the parties filed a stipulation.
Respondent denied that the flu vaccination caused petitioner to suffer GBS or any other injury or condition. Nonetheless, the parties agreed to resolve the case through stipulation, and Special Master Corcoran found the stipulation reasonable and adopted it as the decision of the Court.
Petitioner received a lump sum of $152,500.00, representing compensation for all damages available under 42 U.S.C. § 300aa-15(a). On August 24, 2015, the parties filed a stipulation for attorneys' fees and costs.
Special Master Corcoran awarded $26,000.00, payable jointly to petitioner and his counsel, F. John Caldwell Jr. of Maglio Christopher and Toale.
Petitioner did not personally incur any expenses in litigating this case.
Theory of causation
Flu (trivalent) Oct 12, 2010 → GBS. Stipulation March 23, 2015; respondent denied causation; SM Corcoran. $152,500. Fees $26,000 (Caldwell).
Source PDFs
USCOURTS-cofc-1_11-vv-00629