Jessica Kellner v. HHS - Influenza, Guillain-Barre Syndrome (2014)
Case summary [AI summaries can sometimes make mistakes]
Jessica Kellner filed a petition on August 14, 2012, alleging that an influenza vaccination she received on November 18, 2009 caused her to develop Guillain-Barré Syndrome (GBS), with residual effects lasting more than six months. Respondent denied that the flu vaccine caused petitioner's GBS or any other injury.
Nonetheless, both parties agreed in a joint stipulation filed April 16, 2014 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 $40,000.00, representing compensation for all damages available under 42 U.S.C. § 300aa-15(a). On November 3, 2014, the parties filed a stipulation of attorneys' fees and costs.
Special Master Gowen awarded $12,495.28, payable jointly to petitioner and her counsel, Michael A. London of Douglas & London, P.C.
Petitioner had not personally incurred any out-of-pocket litigation costs.
Theory of causation
Flu Nov 18, 2009 → GBS. Joint stipulation Apr 16, 2014; respondent denied causation; SM Gowen. $40,000. Fees $12,495.28 (London, Douglas & London, New York NY). All DB fields correct.
Source PDFs
USCOURTS-cofc-1_12-vv-00510