Bettine Delea v. HHS - Influenza, Guillain-Barré Syndrome (GBS) (2015)

Bettine Delea filed a petition on October 3, 2014, alleging that she developed Guillain-Barré Syndrome (GBS) as a result of receiving an influenza vaccine on September 14, 2010. She further alleged that she suffered 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 alleged GBS or any other injury, and denied that her current disabilities were a sequela of a vaccine-related injury. The parties, represented by Ronald C.

Homer for the petitioner and Glenn A. MacLeod for the respondent, reached a stipulation to resolve the case.

Special Master Laura D. Millman adopted the stipulation, awarding Bettine Delea $145,000.00 in damages, representing reimbursement for all damages available under 42 U.S.C. § 300aa-15(a).

This award was to be paid as a lump sum via check to the petitioner. Subsequently, on March 23, 2015, the parties filed a stipulation regarding attorneys' fees and costs.

Petitioner had initially sought $19,977.08, but after respondent raised objections, the application was amended to $19,000.00. This amount consisted of $18,347.25 for attorneys' fees and costs, and $652.75 for petitioner's costs.

The respondent did not object to this revised amount. Special Master Millman found the amount reasonable and awarded $18,347.25 in attorneys' fees and costs, payable jointly to the petitioner and her attorneys, Conway, Homer & Chin-Caplan, P.C., and $652.75 for petitioner's costs, payable to the petitioner.

The public decision does not describe the specific onset of symptoms, medical tests, treatments, or the specific mechanism of causation.