Ray H Baker, Jr. v. HHS - Influenza, brachial plexopathy (2014)

Filed 2012-12-19Decided 2014-12-19Vaccine Influenza
compensated$50,000

Case summary [AI summaries can sometimes make mistakes]

Ray H. Baker, Jr. filed a petition on December 19, 2012, alleging that he developed brachial plexopathy as a result of receiving an influenza vaccine on or about October 11, 2011.

He further alleged that he experienced residual effects of his injury for more than six months. The respondent, the Secretary of Health and Human Services, denied that the flu vaccination caused petitioner's brachial plexopathy or any other injury.

However, the parties reached a joint stipulation for damages. Special Master Thomas L.

Gowen adopted this stipulation, awarding Mr. Baker a lump sum of $50,000.00 as compensation for all available damages.

This amount was to be paid by check to petitioner. A separate decision on January 12, 2015, approved a joint stipulation for attorneys' fees and costs, awarding $26,500.00 to petitioner's counsel, Diana L.

Stadelnikas Sedar of Maglio Christopher & Toale, PA. This award was to be paid by check jointly to petitioner and his attorney.

The case was resolved through these stipulations, with the petitioner receiving compensation for his injury. The public decision does not describe the onset of symptoms, specific medical tests, treatments, or the mechanism of injury.

Petitioner was represented by Diana L. Stadelnikas Sedar, and respondent was represented by Ryan D.

Pyles. Special Master Thomas L.

Gowen presided over both decisions.

Theory of causation

Petitioner Ray H. Baker, Jr. alleged that he developed brachial plexopathy as a result of receiving an influenza vaccine on or about October 11, 2011, and experienced residual effects for more than six months. The respondent denied causation. The parties reached a joint stipulation for damages and attorneys' fees. Special Master Thomas L. Gowen adopted the stipulation, awarding petitioner $50,000.00 in lump sum for all damages. Petitioner's counsel, Diana L. Stadelnikas Sedar, received $26,500.00 for attorneys' fees and costs. The public decision does not detail the specific theory of causation, medical experts, or the mechanism of injury, and the case was resolved via stipulation rather than litigation on the merits.

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