Robert Prevette v. HHS - Influenza, Guillain-Barré Syndrome (“GBS”) and Chronic Inflammatory Demyelinating Polyneuropathy (“CIDP”) (2015)

Filed 2012-10-02Decided 2015-05-18Vaccine Influenza
compensated$1,008,454

Case summary [AI summaries can sometimes make mistakes]

Robert Prevette filed a petition on October 2, 2012, alleging that an influenza vaccination he received on October 26, 2010, a vaccine contained in the Vaccine Injury Table, caused him to develop Guillain-Barré Syndrome (GBS) and Chronic Inflammatory Demyelinating Polyneuropathy (CIDP), with residual effects lasting more than six months. Respondent denied that the flu vaccine caused petitioner's GBS, CIDP, any other injury, or his current disabilities.

Nonetheless, both parties agreed in a joint stipulation filed March 20, 2015 to settle the case. Special Master Moran found the stipulation reasonable and adopted it as the decision of the Court.

Petitioner received a lump sum of $1,008,453.61, comprising $114,043.62 for first year life care expenses, $676,429.59 for lost earnings, $213,762.22 for pain and suffering, and $4,218.18 for past unreimbursable expenses, plus an annuity for future compensation, representing all damages available under 42 U.S.C. § 300aa-15(a). Special Master Moran also awarded $74,219.00 in attorneys' fees and costs, payable jointly to petitioner and his counsel, Lawrence R.

Cohan of Anapol, Schwartz, et al. Petitioner had not personally incurred any out-of-pocket litigation expenses.

Theory of causation

Flu Oct 26, 2010 → GBS + CIDP (Table vaccine). (Note: fees decision states Oct 10, 2010 — apparent typo; damages decision body states Oct 26, 2010.) Joint stipulation Mar 20, 2015; respondent denied causation; SM Moran. Lump $1,008,453.61 (life care $114,044 + lost earnings $676,430 + pain/suffering $213,762 + past expenses $4,218) + annuity. Fees $74,219 (Cohan, Anapol Schwartz, Philadelphia PA).

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