Richard E. Dean, Sr. v. HHS - Influenza, Guillain-Barré syndrome (GBS) (2014)

Filed 2012-12-14Decided 2014-08-26Vaccine Influenza
compensated$50,000

Case summary [AI summaries can sometimes make mistakes]

On December 14, 2012, Richard E. Dean, Sr. filed a petition seeking compensation under the National Vaccine Injury Compensation Program, alleging that he suffered Guillain-Barré syndrome (GBS) as a result of receiving an influenza vaccine.

The respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused Petitioner's GBS or any other injury. Despite maintaining their respective positions, both parties agreed to settle the case through a stipulation filed on August 1, 2014.

Special Master Brian H. Corcoran reviewed the stipulation and found it to be reasonable, adopting it as the decision in awarding damages.

The stipulation awarded a lump sum of $50,000.00, payable to Petitioner, as compensation for all damages. Additionally, the parties stipulated to attorneys' fees and costs in the amount of $17,250.00, payable jointly to Petitioner and Petitioner's counsel, Diana S.

Sedar. Special Master Corcoran approved this amount for attorneys' fees and costs.

The court directed the clerk to enter judgment accordingly. Petitioner was represented by Diana S.

Sedar of Maglio, Christopher & Toale, and Respondent was represented by Tara J. Kilfoyle of the U.S.

Department of Justice.

Theory of causation

Petitioner Richard E. Dean, Sr. alleged that he suffered Guillain-Barré syndrome (GBS) as a result of receiving an influenza vaccine. Respondent denied causation. The parties reached a settlement via stipulation filed August 1, 2014. The stipulation awarded Petitioner $50,000.00 for all damages. Attorneys' fees and costs were stipulated at $17,250.00, payable jointly to Petitioner and counsel Diana S. Sedar. Special Master Brian H. Corcoran approved the stipulation and awarded damages and fees on August 4, 2014 (decision issued August 26, 2014). The specific medical mechanism or expert testimony regarding causation was not detailed in the public decision, as the case was resolved by stipulation.

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