Wendy Lister v. HHS - Influenza, Guillain-Barré Syndrome (GBS) (2015)

Filed 2013-07-19Decided 2015-04-03Vaccine Influenza
compensated$514,651

Case summary [AI summaries can sometimes make mistakes]

Wendy Lister filed a petition on July 19, 2013, alleging that an influenza (flu) vaccination she received on October 12, 2011 caused her to develop Guillain-Barré Syndrome (GBS). Respondent denied that the flu vaccine caused petitioner's GBS or any other injury.

Nonetheless, both parties agreed to a joint stipulation filed December 3, 2014 to settle the case. Special Master Hamilton-Fieldman found the stipulation reasonable and adopted it as the decision of the Court.

Petitioner received a lump sum of $514,651.20, representing compensation for first-year life care expenses ($129,314.94), lost earnings ($204,214.24), and pain and suffering ($181,122.02), plus an amount sufficient to purchase an annuity contract for future life care years. The parties subsequently agreed to attorneys' fees and costs of $66,725.07, payable jointly to petitioner and her counsel, Lawrence R.

Cohan of Anapol, Schwartz et al. Petitioner had not personally incurred any out-of-pocket litigation expenses.

Theory of causation

Flu Oct 12, 2011 → GBS. Joint stipulation Dec 3, 2014; SM Hamilton-Fieldman. Comp lump sum $514,651.20 (Year 1 life care $129,314.94 + lost earnings $204,214.24 + pain/suffering $181,122.02) + annuity. Fees $66,725.07 (Cohan, Anapol Schwartz et al., Philadelphia PA).

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