James Cox v. HHS - Influenza, Guillain-Barre syndrome (GBS) (2015)

Filed 2013-04-04Decided 2015-05-01Vaccine Influenza
compensated$155,000

Case summary [AI summaries can sometimes make mistakes]

James Cox filed a petition on April 4, 2013, alleging that an influenza (flu) vaccination he received on November 4, 2010 caused him to develop Guillain-Barré syndrome (GBS) and that he experienced the residual effects of this injury for more than six months. Respondent denied that the flu vaccine caused petitioner's GBS, any other injury, or his current disabilities.

Nonetheless, both parties agreed to a joint stipulation filed September 23, 2014 to settle the case. Special Master Gowen found the stipulation reasonable and adopted it as the decision of the Court.

Petitioner received a lump sum of $155,000.00, representing compensation for all damages available under 42 U.S.C. § 300aa-15(a). The parties subsequently agreed to attorneys' fees and costs of $19,234.54, payable jointly to petitioner and his counsel, Leonard Mark of Tiffany & Bosco, P.A.

Petitioner had not personally incurred any out-of-pocket litigation expenses.

Theory of causation

Flu Nov 4, 2010 → GBS (residual >6 months). Joint stipulation Sep 23, 2014; SM Gowen. Comp $155,000. Fees $19,234.54 (Mark, Tiffany & Bosco PA, Phoenix AZ).

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