Billy W Harden v. HHS - Influenza, Guillian-Barre Syndrome (2014)
Case summary [AI summaries can sometimes make mistakes]
Billy W. Harden filed a petition on November 12, 2014, alleging that he developed Guillain-Barre Syndrome (GBS) as a result of receiving an influenza vaccine on May 10, 2012.
He further alleged that he experienced residual effects of his injury for more than six months. The respondent, the Secretary of Health and Human Services, denied that the flu vaccination caused petitioner's GBS.
Despite this denial, the parties filed a joint stipulation on damages and attorneys' fees and costs on November 10, 2014. Special Master Thomas L.
Gowen reviewed the stipulation, found it reasonable, and adopted it as the decision of the Court. The decision does not describe the specific onset of symptoms, medical tests, treatments, or expert witnesses.
Mr. Harden was awarded a total of $80,000.00 in lump sum compensation, payable to him.
Additionally, a lump sum of $19,064.30 was awarded, payable jointly to Mr. Harden and the Agency for Health Care Administration, which Mr.
Harden agreed to endorse. Attorneys' fees and costs in the amount of $20,000.00 were awarded, payable jointly to Mr.
Harden and his attorney, Diana L. Stadelnikas Sedar of Maglio Christopher & Toale.
The judgment was entered in accordance with the terms of the stipulation.
Theory of causation
Petitioner Billy W. Harden alleged that an influenza vaccine administered on May 10, 2012, caused Guillain-Barre Syndrome (GBS) and residual effects lasting more than six months. The respondent denied causation. The parties reached a joint stipulation on damages and attorneys' fees and costs, which Special Master Thomas L. Gowen found reasonable and adopted. The public decision does not detail the specific theory of causation, medical experts, or the mechanism of injury. The award included $80,000.00 for compensation, $19,064.30 for the Agency for Health Care Administration, and $20,000.00 for attorneys' fees and costs, totaling $119,064.30. The decision was issued on December 4, 2014, based on a stipulation filed November 10, 2014. Petitioner's counsel was Diana L. Stadelnikas Sedar, and respondent's counsel was Debra Filteau Begley.
Source PDFs
USCOURTS-cofc-1_13-vv-00425