Howard Moosman v. HHS - Influenza, Guillain-Barrè syndrome (2015)

Filed 2015-01-05Decided 2015-04-30Vaccine Influenza
compensated$101,707

Case summary [AI summaries can sometimes make mistakes]

Howard Moosman filed a petition on January 5, 2015, seeking compensation under the National Vaccine Injury Compensation Program. He alleged that he suffered from Guillain-Barrè syndrome (GBS) as a result of receiving an influenza vaccine on or about September 1, 2011, and that he experienced the effects of this injury for more than six months.

The respondent denied that the vaccine caused Mr. Moosman's GBS or any other injury.

Despite these positions, both parties agreed to settle the case. On January 5, 2015, the parties filed a stipulation for damages, which Special Master Brian H.

Corcoran adopted as his decision. Mr.

Moosman was awarded a lump sum of $80,000.00 for all remaining damages. Subsequently, on April 8, 2015, the parties filed another stipulation regarding attorney's fees and costs.

Special Master Corcoran approved an award of $21,706.80, payable jointly to Mr. Moosman and his counsel, F.

John Caldwell, Jr. The total compensation awarded to Mr.

Moosman was $101,707. The public decision does not describe the onset of symptoms, specific medical tests, treatments, or the mechanism of causation.

Petitioner was represented by Franklin J. Caldwell, Jr. of Maglio Christopher and Toale, PA, and Respondent was represented by Alexis Babcock of the U.S.

Dep’t of Justice.

Theory of causation

Petitioner Howard Moosman alleged that an influenza vaccine administered on or about September 1, 2011, caused Guillain-Barrè syndrome (GBS). The respondent denied causation. The parties stipulated to settle the case, and Special Master Brian H. Corcoran adopted the stipulation. The case was settled "off-Table." The public decision does not detail the specific medical evidence, expert testimony, or the proposed mechanism of causation. The award included a lump sum of $80,000.00 for damages and $21,706.80 for attorney's fees and costs, totaling $101,707.00. Petitioner was represented by F. John Caldwell, Jr., and Respondent by Alexis Babcock. The decision date for damages was February 21, 2013, and for attorney's fees was April 9, 2015.

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