Peter Nathaniel Mulliken v. HHS - Influenza, Guillain-Barre Syndrome (2017)

Filed 2013-09-03Decided 2017-07-31Vaccine Influenza
compensated$650,000

Case summary [AI summaries can sometimes make mistakes]

Peter Nathaniel Mulliken filed a petition on September 3, 2013, seeking compensation under the National Vaccine Injury Compensation Program. He alleged that an influenza vaccination received on October 16, 2010, caused him to develop Guillain-Barré Syndrome (GBS).

The respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused Mr. Mulliken's GBS.

Despite the denial, both parties agreed to a joint stipulation filed on September 13, 2016, to settle the case. Special Master Mindy Michaels Roth reviewed the stipulation and found it reasonable, adopting it as the decision of the Court.

As part of the settlement, Mr. Mulliken was awarded a lump sum of $650,000.00, payable by check to him.

This amount was designated as compensation for all damages available under 42 U.S.C. § 300aa-15(a). The public decision does not describe the specific onset of symptoms, clinical details of the GBS, diagnostic tests performed, treatments received, or the specific mechanism by which the vaccine allegedly caused the GBS.

The attorneys involved were Peter Schuyler, Kitson & Schuyler, LLP, for the petitioner, and Julia McInerny, U.S. Department of Justice, for the respondent.

Theory of causation

Petitioner Peter Nathaniel Mulliken alleged that an influenza vaccine administered on October 16, 2010, caused him to develop Guillain-Barré Syndrome (GBS). Respondent denied causation. The parties reached a joint stipulation on September 13, 2016, to settle the claim. Special Master Mindy Michaels Roth adopted the stipulation. Petitioner was awarded $650,000.00 as a lump sum for all damages under 42 U.S.C. § 300aa-15(a). The public decision does not detail the specific theory of causation, medical experts, or the mechanism of injury, relying instead on the joint stipulation for resolution. Attorneys for petitioner were Peter Schuyler, Kitson & Schuyler, LLP, and for respondent was Julia McInerny.

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