Norman Klegon v. HHS - Influenza, Guillain-Barré Syndrome (GBS) (2014)
Case summary [AI summaries can sometimes make mistakes]
A petition was filed on August 8, 2012, on behalf of Norman Klegon, alleging that an influenza vaccination he received on October 14, 2010 caused him to develop Guillain-Barré Syndrome (GBS), with residual effects lasting more than six months. Mr.
Klegon died on September 28, 2013, of arteriosclerotic cardiovascular disease. Dorothy Freedland, Bette Klegon, and Amanda Arguelles served as legal representatives of Mr.
Klegon's estate. Respondent denied that the flu vaccine caused Mr.
Klegon's GBS, any other injury, or his death. Nonetheless, both parties agreed in a stipulation filed August 7, 2014 to settle the case.
Special Master Millman found the stipulation reasonable and adopted it as the decision of the Court. The estate received a lump sum of $85,000.00, representing compensation for all damages available under 42 U.S.C. § 300aa-15(a).
Special Master Millman subsequently awarded $25,234.70 in attorneys' fees and costs: $23,225.70 payable jointly to petitioners and their counsel, John R. Howie Jr. of Howie Law PC; $1,004.50 to Dorothy Freedland; and $1,004.50 to Bette Klegon, representing their personal costs.
Theory of causation
Flu Oct 14, 2010 → GBS; death Sep 28, 2013 (arteriosclerotic cardiovascular disease; not alleged as sequela). Reps: Freedland, Klegon, Arguelles (estate). Stipulation Aug 7, 2014; SM Millman. $85,000. Fees $25,234.70 (Howie Law PC, Dallas TX; + personal costs).
Source PDFs
USCOURTS-cofc-1_12-vv-00538