Ronald J. Benton v. HHS - Influenza, Guillain-Barré syndrome (2014)

Filed 2012-11-29Decided 2014-10-01Vaccine Influenza
compensated$115,000

Case summary [AI summaries can sometimes make mistakes]

On November 29, 2012, Ronald J. Benton filed a petition under the National Vaccine Injury Compensation Program, alleging that an influenza vaccine administered on December 3, 2009, caused him to develop Guillain-Barré Syndrome (GBS).

The respondent, the Secretary of Health and Human Services, denied that the vaccine caused GBS or any other injury. However, on September 9, 2014, both parties filed a stipulation to settle the case.

Special Master Lisa Hamilton-Fieldman reviewed the stipulation, found it reasonable, and adopted it as the decision of the Court. Petitioner was awarded a lump sum of $115,000.00, intended to compensate for all damages available under 42 U.S.C. § 300aa-15(a).

Additionally, the parties stipulated to attorneys' fees and costs in the amount of $21,506.98, payable jointly to the petitioner and his counsel, Jeffrey A. Golvash of Brennan, Robins & Daley, P.C.

The petitioner represented that he had not personally incurred any out-of-pocket litigation expenses. The decision was posted on the Court of Federal Claims website in accordance with the E-Government Act of 2002, with parties having the option to request redaction of certain information.

Theory of causation

Petitioner Ronald J. Benton alleged that an influenza vaccine received on December 3, 2009, caused him to develop Guillain-Barré Syndrome (GBS). The respondent denied causation. The parties reached a stipulation on September 9, 2014, which was adopted by Special Master Lisa Hamilton-Fieldman. The stipulation resulted in an award of $115,000.00 for all damages under 42 U.S.C. § 300aa-15(a) and $21,506.98 for attorneys' fees and costs, payable jointly to the petitioner and his counsel, Jeffrey A. Golvash of Brennan, Robins & Daley, P.C. No specific medical experts, clinical details of the injury onset or progression, or a detailed mechanism of causation were described in the public decision, as the case was resolved via stipulation.

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