Brooke Etter v. HHS - Influenza, Guillain-Barré Syndrome (2014)

Filed 2014-05-02Decided 2014-05-02Vaccine Influenza
compensated$105,000

Case summary [AI summaries can sometimes make mistakes]

On May 2, 2014, Brooke Etter filed a petition for vaccine compensation alleging that she received an influenza vaccine on December 17, 2012, and subsequently developed Guillain-Barré Syndrome (GBS) with residual effects lasting more than six months. The respondent, the Secretary of Health and Human Services, denied that the influenza vaccine caused Ms.

Etter's GBS or any other injury. The parties, represented by Danielle A.

Strait for the petitioner and Ann D. Martin for the respondent, reached a stipulation to resolve the case.

Special Master Laura D. Millman adopted the terms of the stipulation.

As compensation for all damages, Ms. Etter was awarded a lump sum of $105,000.00, to be paid by check to petitioner.

This award was based on the stipulation and covers damages available under 42 U.S.C. § 300aa-15(a). Separately, on May 7, 2014, Special Master Millman issued a decision awarding attorneys' fees and costs.

Following a stipulation between the parties, the court awarded $13,454.67 for attorneys' fees and costs. This amount was to be paid by check jointly to Brooke Etter and Maglio, Christopher & Toale, P.A.

The public decision does not describe the specific onset of symptoms, medical tests, treatments, or the medical experts consulted by either party. The stipulation explicitly states that it is not an admission by the United States or the Secretary of Health and Human Services that the influenza vaccine caused petitioner's GBS or any other injury.

Theory of causation

Petitioner Brooke Etter alleged that her December 17, 2012, influenza vaccination caused Guillain-Barré Syndrome (GBS) and residual effects lasting over six months. Respondent denied causation. The parties stipulated to resolve the case, with the Special Master adopting the stipulation. The case was compensated under the National Vaccine Injury Compensation Program, with a total award of $105,000.00 for all damages, plus $13,454.67 for attorneys' fees and costs. The theory of causation was based on the Vaccine Injury Table (Table), as indicated by the stipulation referencing 42 C.F.R. § 100.3(a). The public decision does not detail the specific mechanism of injury, expert testimony, or clinical findings. Special Master Laura D. Millman presided over the case. The damages decision was filed on May 2, 2014, and the attorneys' fees decision was filed on May 7, 2014. Petitioner was represented by Danielle A. Strait, and respondent was represented by Ann D. Martin.

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