Jacqueline Vavrik v. HHS - Influenza, Guillain-Barré syndrome (GBS) (2015)
Case summary [AI summaries can sometimes make mistakes]
Jacqueline Vavrik filed a petition on September 24, 2014, seeking compensation under the National Vaccine Injury Compensation Program. She alleged that she suffered from Guillain-Barré syndrome (GBS) as a result of receiving the influenza vaccine.
The respondent, the Secretary of Health and Human Services, denied that the GBS and any related medical problems were caused by the flu vaccine. Despite maintaining their positions, both parties entered into a stipulation on September 22, 2014, agreeing that the issues could be settled and that a decision awarding compensation should be entered.
Special Master Brian H. Corcoran reviewed the file and found the stipulation to be reasonable, adopting it as his decision.
The stipulation awarded Jacqueline Vavrik a lump sum of $281,207.83, payable by check, representing compensation for all damages available under 42 U.S.C. § 300aa-15(a). Subsequently, on May 18, 2015, counsel for both parties filed a joint stipulation regarding attorney's fees and costs.
The parties agreed that Petitioner's counsel should receive a lump sum of $34,476.36, payable by check to Petitioner and her counsel, an amount to which the respondent did not object. Petitioner also represented that she incurred no reimbursable costs.
Special Master Brian H. Corcoran approved this amount as reasonable.
The total compensation awarded to Jacqueline Vavrik was $315,684.36 ($281,207.83 in damages plus $34,476.36 for attorney's fees and costs). Petitioner was represented by John Robert Howie, Jr. of Gidley, Howie Law, P.C., and the respondent was represented by Althea Walker Davis of the U.S.
Department of Justice. The public decision does not describe the onset of symptoms, specific clinical details, or medical experts.
Theory of causation
Petitioner Jacqueline Vavrik alleged that she suffered Guillain-Barré syndrome (GBS) as a result of receiving the influenza vaccine. The respondent denied causation. The parties entered into a stipulation to settle the case, which was adopted by Special Master Brian H. Corcoran. The stipulation awarded Petitioner $281,207.83 in damages. Subsequently, a joint stipulation for attorney's fees and costs was filed, and Special Master Corcoran approved an award of $34,476.36 for attorney's fees and costs, bringing the total compensation to $315,684.36. The public decision does not detail the specific theory of causation, medical experts, or the mechanism of injury.
Source PDFs
USCOURTS-cofc-1_11-vv-00868