Jesse Knight v. HHS - Influenza, Guillain-Barré syndrome (GBS) (2015)

Filed 2013-05-20Decided 2015-11-30Vaccine Influenza
compensated$236,280

Case summary [AI summaries can sometimes make mistakes]

Jesse Knight filed a petition on May 20, 2013, alleging that an influenza (flu) vaccination he received on September 8, 2010 caused him to develop Guillain-Barré syndrome (GBS) and that he experienced the residual effects of this injury for more than six months. Respondent denied that the flu vaccine caused petitioner's GBS or any other injury.

Nonetheless, both parties agreed to a joint stipulation filed May 1, 2015 to settle the case. Special Master Dorsey found the stipulation reasonable and adopted it as the decision of the Court.

Petitioner's compensation included a lump sum of $236,280.32 for first-year life care expenses, lost earnings, pain and suffering, and past unreimbursable expenses, along with an annuity to cover future life care costs. The parties subsequently agreed to attorneys' fees and costs of $53,667.49, payable jointly to petitioner and his counsel, Leonard J.

Mark of Tiffany & Bosco, PA. Petitioner had not personally incurred any out-of-pocket litigation expenses.

Theory of causation

Flu Sep 8, 2010 → GBS (residual >6 months). Joint stipulation May 1, 2015; SM Dorsey. Comp: lump sum $236,280.32 (life care + lost earnings/P&S/past unreimbursable) + annuity (purchase price unknown). Fees $53,667.49 (Mark, Tiffany & Bosco PA, Phoenix AZ).

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