Edward M Haney v. HHS - Influenza, Guillain-Barré Syndrome and a shoulder injury (2016)

Filed 2012-02-13Decided 2016-01-13Vaccine Influenza
compensated$150,000

Case summary [AI summaries can sometimes make mistakes]

Edward M. Haney filed a petition on February 13, 2012, alleging that influenza vaccinations he received on October 13, 2009 and November 6, 2012 caused him to develop Guillain-Barré Syndrome (GBS) and a shoulder injury, with residual effects lasting more than six months.

Respondent denied that the flu vaccinations caused petitioner's GBS, shoulder injury, or any other injury. Nonetheless, both parties agreed in a stipulation filed December 10, 2015 to settle the case.

Special Master Gowen found the stipulation reasonable and adopted it as the decision of the Court. Petitioner received: a lump sum of $150,000.00, representing compensation for all damages available under 42 U.S.C. § 300aa-15(a) other than the Medicaid lien; and a lump sum of $56,306.95 representing compensation for a California Medicaid lien, payable jointly to petitioner and the California Department of Health Care Services, Recovery Branch (which petitioner agreed to endorse to DHCS).

On December 23, 2015, the parties filed a stipulation for attorneys' fees and costs. Special Master Gowen awarded $59,091.94, payable jointly to petitioner and his counsel, Martin J.

Martinez of Martinez Law Office, and $510.50 payable to petitioner only, representing reimbursable costs petitioner personally incurred in pursuit of his claim.

Theory of causation

Flu Oct 13, 2009 and Nov 6, 2012 → GBS + shoulder injury. Stipulation Dec 10, 2015; respondent denied causation; SM Gowen. $150,000 comp + $56,306.95 CA Medicaid lien (DHCS, Recovery Branch; petitioner endorses). Fees $59,091.94 + $510.50 personal costs (Martinez, Martinez Law Office, Napa CA).

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