Charles Fout v. HHS - Influenza, Guillain-Barré Syndrome (2015)

Charles Fout filed a petition on May 31, 2012, alleging that an influenza vaccination received on September 8, 2010, caused him to develop Guillain-Barré Syndrome (GBS). The respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused petitioner's GBS or any other injury, and further denied that petitioner's current disabilities were sequelae of a vaccine-related injury.

Despite the denial of causation, both parties filed a joint stipulation on July 18, 2014, agreeing to settle the case. Special Master Nora Beth Dorsey reviewed the stipulation, found it reasonable, and adopted it as the decision of the Court.

Petitioner was awarded a lump sum of $80,000.00, representing compensation for all damages available under 42 U.S.C. § 300aa-15(a). Petitioner was represented by Benjamin Scott Barnes of Hall and Butler, and the respondent was represented by Michael Patrick Milmoe of the United States Department of Justice.

On April 21, 2015, the parties filed a separate stipulation concerning attorneys' fees and costs. Special Master Dorsey approved an award of $11,750.00, payable jointly to petitioner Charles Fout and his counsel, Benjamin Scott Barnes.

Petitioner had not advanced any reimbursable out-of-pocket costs. The public decision does not describe the onset of symptoms, specific clinical details, diagnostic tests, treatments, or the specific mechanism of causation.