Nathan Tate v. HHS - Influenza, Guillain-Barre syndrome and small fiber neuropathy (2014)

Filed 2012-10-19Decided 2014-06-10Vaccine Influenza
compensated$320,000

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).

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