James Boyer v. HHS - Influenza, Guillain-Barré Syndrome (“GBS”) and chronic inflammatory demyelinating polyneuropathy (“CIDP”) (2015)

Filed 2013-04-30Decided 2015-06-11Vaccine Influenza
compensated$375,000

Case summary [AI summaries can sometimes make mistakes]

James Boyer filed a petition on May 6, 2013, alleging that an influenza (flu) vaccination he received on October 14, 2010 caused him to develop Guillain-Barré syndrome (GBS) and chronic inflammatory demyelinating polyneuropathy (CIDP) and that he experienced the residual effects of these injuries for more than six months. Respondent denied that the flu vaccine caused petitioner's GBS, CIDP, or any other injury.

Nonetheless, both parties agreed to a joint stipulation filed April 6, 2015 to settle the case. Special Master Moran found the stipulation reasonable and adopted it as the decision of the Court.

Petitioner received a lump sum of $375,000.00, representing compensation for all damages available under 42 U.S.C. § 300aa-15(a). The parties subsequently agreed to attorneys' fees and costs of $29,408.33, payable jointly to petitioner and his counsel, Ronald C.

Homer of Conway Homer & Chin-Caplan PC. Petitioner was also reimbursed $772.32 for personal out-of-pocket litigation expenses.

Theory of causation

Flu Oct 14, 2010 → GBS + CIDP (residual >6 months). Joint stipulation Apr 6, 2015; SM Moran. Comp $375,000. Fees $29,408.33 + out-of-pocket $772.32 (Homer, Conway Homer & Chin-Caplan PC, Boston MA). All DB fields correct.

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