Robert Searles, an Individual, Husband, and Personal Representative of Brooke Searles v. HHS - Influenza, Guillain Barré Syndrome (GBS) (2014)
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.
Source PDFs
USCOURTS-cofc-1_13-vv-00318