James Gordon Cook v. HHS - Influenza, Guillain-Barré Syndrome (GBS) (2014)

Filed 2014-09-10Decided 2014-09-10Vaccine Influenza
compensated$120,000

Case summary [AI summaries can sometimes make mistakes]

Petitioner James Gordon Cook filed a petition on September 10, 2014, alleging that he suffered from Guillain-Barré Syndrome (GBS) as a result of receiving an influenza vaccine on December 11, 2011. He further alleged that he experienced residual effects from this injury for more than six months.

The respondent, the Secretary of Health and Human Services, denied that the GBS or any other injury was caused by the flu vaccination. Despite the denial, the parties reached a stipulation to resolve the case.

Special Master Laura D. Millman reviewed the stipulation and found its terms to be reasonable.

The court adopted the stipulation and awarded James Gordon Cook $120,000.00 for all damages available under 42 U.S.C. § 300aa-15(a). This award was to be paid as a lump sum check made payable to the petitioner.

Additionally, the parties agreed on an amount for attorneys' fees and costs. Petitioner requested $15,675.12 in attorneys' fees and costs, and the respondent did not object.

The Special Master found this amount to be reasonable. This award was to be paid as a lump sum check made payable jointly to the petitioner and his attorneys, Maglio, Christopher, & Toale, P.A.

The decision was issued on September 10, 2014.

Theory of causation

Petitioner alleged that he suffered from Guillain-Barré Syndrome (GBS) as a result of his receipt of an influenza vaccine on December 11, 2011, and experienced residual effects for more than six months. Respondent denied causation. The parties reached a stipulation to resolve the case, and the Special Master adopted the stipulation. The public decision does not describe the specific medical mechanism, expert testimony, or evidence presented regarding causation. The award was $120,000.00 for all damages and $15,675.12 for attorneys' fees and costs, payable jointly to the petitioner and Maglio, Christopher, & Toale, P.A. Special Master Laura D. Millman issued the decision on September 10, 2014.

Source PDFs 1 total · 1 downloaded