Robert Searles, an Individual, Husband, and Personal Representative of Brooke Searles v. HHS - Influenza, Guillain Barré Syndrome (GBS) (2014)

Filed 2014-04-29Decided 2014-05-20Vaccine Influenza
compensated$407,390

Case summary [AI summaries can sometimes make mistakes]

On May 6, 2013, Brooke Searles, represented by her husband Robert Searles as Personal Representative, filed a petition under the National Vaccine Injury Compensation Program. Ms.

Searles alleged that she received an influenza vaccine on October 18, 2011, and subsequently developed Guillain-Barré Syndrome (GBS) which was caused by the vaccination. The respondent, the Secretary of Health and Human Services, denied that the vaccine caused Ms.

Searles' GBS. However, on April 28, 2014, the parties filed a joint stipulation for damages, agreeing that compensation should be awarded.

Special Master Nora Beth Dorsey found the stipulation reasonable and adopted it as the decision of the Court. The stipulation awarded Brooke Searles a total of $407,390.84 in compensation.

This amount included a lump sum of $360,946.40 for first-year life expenses, lost earnings, and pain and suffering, payable to petitioner as guardian/conservator of Ms. Searles' estate.

A separate lump sum of $32,044.46 was awarded for past unreimbursable expenses, payable to Robert Searles. Additionally, $114,460.80 was awarded as reimbursement for a State of California lien, payable jointly to petitioner and the State Department of Health Services.

The award also included an amount sufficient to purchase an annuity contract. Judgment was to be entered in accordance with the stipulation, unless a motion for review was filed.

On May 30, 2014, the parties filed a stipulation concerning attorneys' fees and costs. Respondent did not object to a total award of $62,884.50 for attorneys' fees and costs.

Special Master Dorsey granted this motion, ordering that $58,450.00 be paid jointly to petitioner and his counsel, Daniel M. Graham, and $4,434.50 be paid solely to petitioner.

The public decision does not describe the specific onset of symptoms, medical tests, treatments, or the medical experts consulted by either party. The theory of causation is not detailed in the public decision, other than the allegation that the influenza vaccine caused GBS.

Theory of causation

Petitioner alleged that an influenza vaccine administered on October 18, 2011, caused Guillain-Barré Syndrome (GBS). Respondent denied causation. The parties reached a stipulation for damages, and the Special Master adopted the stipulation. The public decision does not detail the specific medical mechanism, expert testimony, or evidence presented regarding causation. The case was settled via stipulation, resulting in an award of $407,390.84 for damages, including first-year life expenses, lost earnings, pain and suffering, past unreimbursable expenses, and reimbursement of a State of California lien, plus an amount for an annuity. Attorneys' fees and costs of $62,884.50 were also awarded. Special Master Nora Beth Dorsey issued the decision on May 20, 2014, with a subsequent decision on attorneys' fees on June 24, 2014. Petitioner's counsel was Daniel M. Graham, and respondent's counsel was Tara Kilfoyle. The theory of causation is described as 'Off-Table' in the provided database fields, but this is not elaborated upon in the public decision text.

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