Brenda Darlene Richardson v. HHS - Influenza, Guillain-Barré Syndrome (GBS) (2014)
Case summary [AI summaries can sometimes make mistakes]
Brenda Darlene Richardson filed a petition on December 12, 2013, alleging that she received an influenza vaccine on October 20, 2011, which caused her to develop Guillain-Barré Syndrome (GBS) and suffer residual effects for more than six months. The respondent, the Secretary of Health and Human Services, denied that the vaccine caused Ms.
Richardson's GBS or any other injury, and denied that her current disabilities were a sequela of a vaccine-related injury. The parties reached a stipulation to resolve the matter.
On December 12, 2014, Special Master Laura D. Millman issued a decision adopting the stipulation and awarding Ms.
Richardson $200,000.00 in damages, representing reimbursement for all damages available under 42 U.S.C. § 300aa-15(a). The award was to be paid as a check to Ms.
Richardson. Subsequently, on June 26, 2015, Special Master Millman issued a decision regarding attorneys' fees and costs.
The parties had stipulated to a total of $38,500.00. This amount consisted of $37,466.14 for attorneys' fees and costs, payable jointly to Ms.
Richardson and her law firm, Rawls, McNelis & Mitchell, P.C., and $1,033.86 for Ms. Richardson's costs, payable directly to her.
The total compensation awarded in this case was $201,033.86.
Theory of causation
Petitioner Brenda Darlene Richardson alleged that an influenza vaccine administered on October 20, 2011, caused her to develop Guillain-Barré Syndrome (GBS) and suffer residual effects for more than six months. Respondent denied the causal link. The parties reached a stipulation to resolve the case. Special Master Laura D. Millman adopted the stipulation, awarding $200,000.00 in damages on December 12, 2014. Attorneys' fees and costs were subsequently stipulated and awarded on June 26, 2015, totaling $38,500.00 ($37,466.14 for attorneys' fees and costs payable jointly to petitioner and Rawls, McNelis & Mitchell, P.C., and $1,033.86 for petitioner's costs payable to petitioner). The specific medical experts, clinical details of the GBS onset and progression, diagnostic tests, treatments, or the precise mechanism of causation were not detailed in the public decision, as the case was resolved via stipulation. The public decision does not specify if the theory relied on the Vaccine Injury Table.
Source PDFs
USCOURTS-cofc-1_13-vv-00757