Woodrow Coffey, Jr. v. HHS - Influenza, Guillain-Barré Syndrome (GBS) (2014)
Case summary [AI summaries can sometimes make mistakes]
On March 29, 2013, Woodrow Coffey, Jr. filed a petition under the National Childhood Vaccine Injury Act, alleging that he suffered Guillain-Barré Syndrome (GBS) as a result of an influenza vaccine he received on September 29, 2010. Mr.
Coffey died on January 13, 2014. His wife, Peggy A.
Coffey, was substituted as the personal representative of his estate and as the petitioner on May 6, 2014. An amended petition was filed on June 3, 2014, alleging that Mr.
Coffey suffered GBS as a consequence of his flu immunization, which led to his disability and death. The respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused Mr.
Coffey's GBS or other injury, and further denied that his death was a sequela of a vaccine-related injury. Nevertheless, on December 17, 2014, the parties filed a stipulation to settle the case.
Special Master Laura D. Millman adopted the stipulation and awarded compensation.
A lump sum of $200,000.00 was awarded to the estate of Woodrow Coffey, Jr., payable to Peggy A. Coffey as legal representative.
This amount covered all damages available under 42 U.S.C. § 300aa-15(a). Subsequently, on March 10, 2015, Special Master Millman issued a decision awarding attorneys' fees and costs based on a stipulation of fact filed by the parties on March 9, 2015.
Petitioner's counsel, Lisa A. Roquemore, sought $38,507.93 for attorneys' fees and costs, and $792.07 for petitioner's costs.
The respondent did not object to these amounts. The court awarded $38,507.93, payable jointly to petitioner and the Law Office of Lisa A.
Roquemore, and $792.07, payable to petitioner. The public decision does not describe the onset of symptoms, specific medical tests, treatments, or the mechanism of causation.
Theory of causation
Petitioner alleged that Woodrow Coffey, Jr. suffered Guillain-Barré Syndrome (GBS) as a result of an influenza vaccine received on September 29, 2010, which led to his death on January 13, 2014. Respondent denied that the flu vaccine caused Mr. Coffey's GBS or death. The case was resolved via stipulation. The public decision does not detail the specific theory of causation, medical experts, or the mechanism by which the vaccine allegedly caused GBS. The award of $200,000.00 was made pursuant to the stipulation, with attorneys' fees and costs of $38,507.93 and petitioner costs of $792.07 also awarded. The decision was issued by Special Master Laura D. Millman on December 17, 2014, with the fees decision on March 10, 2015. Petitioner's counsel was Lisa A. Roquemore, and respondent's counsel was Glenn A. MacLeod.
Source PDFs
USCOURTS-cofc-1_13-vv-00225