Amy Cain v. HHS - Influenza, Miller-Fisher variant of Guillain-Barré Syndrome (2014)
Case summary [AI summaries can sometimes make mistakes]
Amy Cain filed a petition on March 26, 2014, alleging that an influenza vaccine administered on October 13, 2012, caused her to develop the Miller-Fisher variant of Guillain-Barré Syndrome (GBS-MFV) and that she suffered residual effects for more than six months. The respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused her condition.
The parties subsequently filed a stipulation of fact agreeing to settle the case. Special Master Laura D.
Millman issued a decision on April 8, 2014, adopting the stipulation and awarding Amy Cain $58,000.00 in compensation for all damages. Separately, on March 26, 2014, the parties also stipulated to attorneys' fees and costs.
Special Master Laura D. Millman awarded $13,500.00 for attorneys' fees and costs, to be paid jointly to the petitioner and Maglio, Christopher & Toale, P.A.
The public decision does not describe the onset of symptoms, specific clinical details, diagnostic tests, treatments, or the mechanism of causation. Petitioner was represented by Danielle A.
Strait, and respondent was represented by Debra A. Filteau Begley.
Theory of causation
Petitioner Amy Cain alleged that an influenza vaccine received on October 13, 2012, caused her to develop Miller-Fisher variant of Guillain-Barré Syndrome (GBS-MFV) and suffer residual effects for more than six months. Respondent denied causation. The parties reached a stipulation of fact to settle the case. The Special Master adopted the stipulation, awarding $58,000.00 for damages and $13,500.00 for attorneys' fees and costs. The public decision does not detail the specific theory of causation, medical experts, or the mechanism of injury. The case was settled via stipulation, with Special Master Laura D. Millman issuing the decisions on April 8, 2014 (damages) and March 26, 2014 (fees and costs). Petitioner's counsel was Danielle A. Strait, and respondent's counsel was Debra A. Filteau Begley.
Source PDFs
USCOURTS-cofc-1_13-vv-00342