James Persinger v. HHS - Hepatitis A, Guillain-Barre syndrome (2014)
Case summary [AI summaries can sometimes make mistakes]
James Persinger filed a petition on December 2, 2011, seeking compensation under the National Vaccine Injury Compensation Program. He alleged that a hepatitis A vaccination administered on May 9, 2010, caused him to develop Guillain-Barré syndrome (GBS).
The respondent denied that the vaccination caused the alleged injury. However, on May 7, 2014, both parties filed a stipulation agreeing to settle the case and enter a decision awarding compensation.
Special Master Lisa Hamilton-Fieldman reviewed the stipulation, found it reasonable, and adopted it as the decision of the Court. The stipulation awarded Mr.
Persinger a lump sum of $475,000.00, representing all damages available under 42 U.S.C. § 300aa-15(a). Petitioner was represented by Lawrence G.
Michel of Kennedy, Berkley. Respondent was represented by Jennifer I.
Reynaud of the United States Department of Justice. Subsequently, on May 15, 2014, the parties filed a stipulation for attorneys' fees and costs.
Special Master Hamilton-Fieldman awarded $26,465.92, payable jointly to Mr. Persinger and his counsel, Lawrence G.
Michel. Mr.
Persinger stated that he had not personally incurred any reimbursable costs in pursuit of his claim. The public decision does not describe the onset of symptoms, specific medical tests, treatments, or the medical experts consulted.
Theory of causation
Petitioner James Persinger alleged that a Hepatitis A vaccine administered on May 9, 2010, caused him to develop Guillain-Barre syndrome (GBS). Respondent denied causation. The parties reached a settlement via stipulation filed May 7, 2014. Special Master Hamilton-Fieldman adopted the stipulation, awarding Petitioner $475,000.00 for all damages under 42 U.S.C. § 300aa-15(a). Attorneys' fees and costs were awarded separately on May 15, 2014, totaling $26,465.92, payable jointly to Petitioner and his counsel, Lawrence G. Michel of Kennedy, Berkley. The public decision does not detail the specific mechanism of causation, medical experts, or evidence presented, as the case was resolved by stipulation.
Source PDFs
USCOURTS-cofc-1_11-vv-00811