Nancy May v. HHS - Influenza, Guillain-Barré Syndrome (2014)
Case summary [AI summaries can sometimes make mistakes]
Nancy May filed a petition on April 18, 2014, alleging that she suffered Guillain-Barré Syndrome (GBS) caused by her October 1, 2009 receipt of a seasonal influenza vaccine. She further alleged that she suffered residual effects of this injury for more than six months.
The respondent denied that the GBS or any other injury was caused by the vaccine. The parties reached a stipulation to resolve the matter, which Special Master Laura D.
Millman adopted. The court awarded Nancy May compensation, including a lump sum of $5,118.12 to reimburse a State of California Medicaid lien and a lump sum of $200,000.00 for all remaining damages.
Subsequently, on October 23, 2014, the parties filed a stipulation for attorneys' fees and costs. Special Master Millman awarded $21,600.00 for attorneys' fees and costs, payable jointly to Nancy May and her attorney, John R.
Howie, Jr. The total compensation awarded was $226,818.12.
Theory of causation
Petitioner Nancy May alleged that her Guillain-Barré Syndrome (GBS) was caused by her October 1, 2009 receipt of a seasonal influenza vaccine, and that she suffered residual effects for more than six months. The respondent denied causation. The parties reached a stipulation to resolve the matter, and Special Master Laura D. Millman adopted the stipulation, awarding compensation. The public decision does not describe the specific medical experts, clinical details of the GBS onset or progression, diagnostic tests, treatments, or the precise mechanism of causation. The award included $5,118.12 for a Medicaid lien and $200,000.00 for damages, totaling $205,118.12 in damages. Attorneys' fees and costs of $21,600.00 were awarded separately, making the total award $226,818.12. The decision was issued on April 18, 2014, with attorneys' fees awarded on October 23, 2014. Petitioner was represented by John R. Howie, Jr., and respondent was represented by Gordon E. Shemin.
Source PDFs
USCOURTS-cofc-1_12-vv-00655