Douglas A. Graham v. HHS - Influenza, Guillain-Barré Syndrome (2014)

Filed 2014-04-02Decided 2014-04-16Vaccine Influenza
compensated$200,000

Case summary [AI summaries can sometimes make mistakes]

On April 2, 2014, Douglas A. Graham filed a petition alleging that he suffered Guillain-Barré Syndrome (GBS) caused by an influenza vaccine he received on October 6, 2010.

He further alleged that he experienced residual effects from this injury for more than six months. The respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused petitioner's GBS, residual effects, or any other condition.

Despite the denial, the parties reached a stipulation to resolve the matter. Special Master Laura D.

Millman reviewed the stipulation and found its terms to be reasonable. The court adopted the stipulation and awarded Douglas A.

Graham $200,000.00 in compensation for all damages. This award was to be paid via a check made payable to the petitioner.

Separately, on April 16, 2014, the parties filed a stipulation regarding attorneys' fees and costs. Petitioner asserted $570.00 in costs.

Petitioner requested reimbursement for attorneys' fees and costs in the amount of $5,850.00, and the respondent did not object to this amount. Special Master Millman found this amount to be reasonable.

The court awarded $5,850.00 for attorneys' fees and costs, to be paid via a check made payable jointly to petitioner and his counsel, James W. Borkowski.

Additionally, the court awarded $570.00 for petitioner's costs, to be paid via a check made payable to petitioner. The public decision does not describe the onset of symptoms, specific clinical details, medical tests, or treatments.

The specific mechanism of causation was not detailed in the public decision.

Theory of causation

Petitioner Douglas A. Graham alleged that an October 6, 2010, influenza vaccine caused Guillain-Barré Syndrome (GBS) and residual effects lasting more than six months. Respondent denied causation. The parties reached a stipulation to resolve the case. The public decision does not detail the specific medical experts, clinical findings, onset of symptoms, diagnostic tests, treatments, or the precise mechanism of causation. The case was resolved via stipulation, with Special Master Laura D. Millman adopting the parties' agreement. An award of $200,000.00 for all damages was granted, along with $5,850.00 for attorneys' fees and $570.00 for costs. The decision date for damages was April 2, 2014, and for fees/costs was April 16, 2014. Petitioner's counsel was James W. Borkowski, and respondent's counsel was Jennifer L. Reynaud.

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