Nathan Tate v. HHS - Influenza, Guillain-Barre syndrome and small fiber neuropathy (2014)
Case summary [AI summaries can sometimes make mistakes]
Nathan Tate filed a petition on October 19, 2012, alleging that an influenza (flu) vaccination he received on November 2, 2010 caused him to develop Guillain-Barré Syndrome (GBS) and small fiber neuropathy. Respondent denied that the influenza vaccination caused petitioner's GBS, small fiber neuropathy, or any other injury.
Nonetheless, both parties agreed in a stipulation filed May 16, 2014 to settle the case. Special Master Hamilton-Fieldman found the stipulation reasonable and adopted it as the decision of the Court.
Petitioner received a lump sum of $320,000.00, representing compensation for all damages available under 42 U.S.C. § 300aa-15(a). The parties also stipulated to attorneys' fees and costs.
Special Master Hamilton-Fieldman awarded $18,634.47 payable jointly to petitioner and his counsel Andrew Downing and Rhodes, Hieronymus, Tucker, Jones & Gable, PLLC, and $10,690.00 payable jointly to petitioner and Andrew Downing and Hennelly & Steadman, PLC, for a total of $29,324.47 in attorneys' fees and costs under 42 U.S.C. § 300aa-15(e).
Theory of causation
Flu Nov 2, 2010 → GBS + small fiber neuropathy. Stipulation May 16, 2014; SM Hamilton-Fieldman. $320,000. Fees $29,324.47 ($18,634.47 Rhodes firm + $10,690 Hennelly & Steadman) (Downing, Phoenix AZ).
Source PDFs
USCOURTS-cofc-1_12-vv-00714