Amanda Guerrero v. HHS - Influenza, Guillain-Barré syndrome (2015)

Filed 2012-10-11Decided 2015-12-04Vaccine Influenza
compensated$165,000

Case summary [AI summaries can sometimes make mistakes]

Amanda Guerrero filed a petition on October 11, 2012, alleging that an influenza (flu) vaccination she received on September 22, 2011 caused her to develop Guillain-Barré syndrome (GBS). The merits of the case were resolved by stipulation, and petitioner received compensation.

The compensation amount is not available in the staging documents accessed for this summary, which contain only the subsequent attorneys' fees dispute. Following the merits resolution, the Special Master awarded petitioner's attorneys' fees in a reduced amount of $25,535.90 (reduced from $38,114).

Petitioner moved for review. On March 19, 2015, CFC Judge Williams remanded the matter because the Special Master had reduced compensable hours by one-third without adequate explanation.

On remand, the Special Master awarded $50,073.71. Petitioner again moved for review.

On December 4, 2015, CFC Judge Williams affirmed in part and reversed in part, awarding petitioner a total of $55,957.71 in attorneys' fees and costs. In addition, the Court awarded petitioner $22,593.35 in attorneys' fees and costs associated with the second motion for review.

Theory of causation

Flu Sep 22, 2011 → GBS. Merits settled by stipulation (compensation received; amount not in staging). Fees dispute: SM reduced fees $38,114 → $25,535.90; CFC Judge Williams remanded (Mar 19, 2015); SM on remand $50,073.71; CFC affirmed in part/reversed in part: $55,957.71 + $22,593.35 MFR fees (Roquemore, Irvine/Rancho Santa Margarita CA). Award=165000 unverifiable from staging.

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