Jessica Hanson v. HHS - Influenza, Guillain-Barré Syndrome (GBS) (2014)

Filed 2012-09-19Decided 2014-09-12Vaccine Influenza
compensated$92,500

Case summary [AI summaries can sometimes make mistakes]

Jessica Hanson filed a petition on September 19, 2012, alleging that a trivalent influenza (flu) vaccination she received on September 29, 2009 caused her to develop Guillain-Barré Syndrome (GBS). Respondent denied that the flu vaccine caused or significantly aggravated petitioner's GBS and also denied that petitioner experienced symptoms for more than six months.

Nonetheless, both parties agreed to settle the case via a stipulation filed May 15, 2014. Special Master Millman found the stipulation reasonable and adopted it as the decision of the Court.

Petitioner received a lump sum of $92,500.00, comprising $81,757.18 for past and future pain and suffering and $10,742.82 for past medical expenses, representing compensation for all damages available under 42 U.S.C. § 300aa-15(a). On August 22, 2014, the parties filed a stipulation of attorneys' fees and costs.

Special Master Millman awarded $39,250.00 payable jointly to petitioner and Conway, Homer & Chin-Caplan, P.C., plus $38.00 in petitioner's personal costs.

Theory of causation

Flu Sep 29, 2009 → GBS. Stipulation May 15, 2014; respondent denied causation and duration > 6 months; SM Millman. $92,500 ($81,757.18 pain/suffering + $10,742.82 medical). Fees $39,288 (Homer, Conway Homer & Chin-Caplan, Boston MA).

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