Donna Higgins v. HHS - Influenza, Guillain-Barré Syndrome (2015)

Filed 2013-07-22Decided 2015-06-26Vaccine Influenza
compensated$1,048,896

Case summary [AI summaries can sometimes make mistakes]

Donna Higgins filed a petition on July 22, 2013, alleging that an influenza (flu) vaccination she received on November 1, 2011 caused her to develop Guillain-Barré Syndrome (GBS) and that she 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 April 28, 2015 to settle the case. Special Master Moran found the stipulation reasonable and adopted it as the decision of the Court.

Petitioner received a lump sum of $1,048,896.81, representing compensation for first-year life care expenses ($62,735.15), lost earnings ($769,689.00), pain and suffering ($208,074.05), and past unreimbursed medical expenses ($8,398.61), plus an amount sufficient to purchase an annuity contract for future life care years. The parties subsequently agreed to attorneys' fees and costs of $71,500.00, 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 Nov 1, 2011 → GBS (residual >6 months). Joint stipulation Apr 28, 2015; SM Moran. Comp lump sum $1,048,896.81 (Year 1 life care $62,735.15 + lost earnings $769,689 + pain/suffering $208,074.05 + past unreimbursed $8,398.61) + annuity. Fees $71,500 (Cohan, Anapol Schwartz et al., Philadelphia PA).

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