Robert Kaper v. HHS - Influenza, Guillain-Barré Syndrome (2014)

Filed 2013-06-24Decided 2014-10-28Vaccine Influenza
compensated$160,000

Case summary [AI summaries can sometimes make mistakes]

Robert Kaper filed a petition on June 24, 2013, alleging that an influenza (flu) vaccination he received on November 9, 2011 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 petitioner's GBS and residual effects were caused by the flu vaccine or that the vaccine caused any other injury.

Nonetheless, both parties agreed to a joint stipulation filed August 18, 2014 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 $160,000.00, representing compensation for all damages available under 42 U.S.C. § 300aa-15(a). The parties subsequently agreed to attorneys' fees and costs of $24,250.00, payable jointly to petitioner and his 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 9, 2011 → GBS (residual >6 months). Joint stipulation Aug 18, 2014; SM Moran. Comp $160,000. Fees $24,250 (Cohan, Anapol Schwartz et al., Philadelphia PA).

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