Patsy D. Crabtree v. HHS - Influenza, Guillian-Barre Syndrome (2014)
Case summary [AI summaries can sometimes make mistakes]
Patsy D. Crabtree filed a petition on November 13, 2012, under the National Vaccine Injury Compensation Program, alleging that an influenza (flu) vaccine administered on November 13, 2009, caused her to develop Guillain-Barré Syndrome (GBS) with residual effects lasting more than six months.
The respondent, the Secretary of Health and Human Services, denied that the flu vaccination caused petitioner's GBS or any other injury or condition. Despite the denial, both parties filed a joint stipulation on October 16, 2014, agreeing to settle the case.
Special Master Thomas L. Gowen reviewed the stipulation, found it reasonable, and adopted it as the decision of the Court.
Petitioner was awarded a lump sum of $248,000.00, representing compensation for all damages available under 42 U.S.C. § 300aa-15(a). Additionally, the parties stipulated to attorneys' fees and costs totaling $20,633.23, payable jointly to petitioner Patsy D.
Crabtree and her counsel, Donald P. Edwards of the Law Office of Donald P.
Edwards. Petitioner personally incurred no costs related to the proceeding.
The Special Master approved the stipulated amounts for compensation and attorneys' fees and costs, and judgment was entered accordingly.
Theory of causation
Petitioner Patsy D. Crabtree alleged that an influenza vaccine received on November 13, 2009, caused her to develop Guillain-Barré Syndrome (GBS) with residual effects lasting more than six months. The respondent denied causation. The parties reached a joint stipulation on October 16, 2014, to settle the case. Special Master Thomas L. Gowen adopted the stipulation as the decision of the Court. Petitioner was awarded $248,000.00 as a lump sum for all damages under 42 U.S.C. § 300aa-15(a). Attorneys' fees and costs of $20,633.23 were awarded jointly to petitioner and her counsel, Donald P. Edwards. The public decision does not describe the specific medical or scientific theory of causation, expert testimony, or the mechanism by which the vaccine allegedly caused GBS.
Source PDFs
USCOURTS-cofc-1_12-vv-00767