Douglas A. Graham v. HHS - Influenza, Guillain-Barré Syndrome (2014)
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.
Source PDFs
USCOURTS-cofc-1_13-vv-00514