James J. Cotner v. HHS - Influenza, Guillain-Barrè syndrome (2015)
Case summary [AI summaries can sometimes make mistakes]
James J. Cotner filed a petition on January 28, 2015, seeking compensation under the National Vaccine Injury Compensation Program.
He alleged that he suffered from Guillain-Barrè syndrome (GBS) as a result of receiving an influenza vaccine on October 7, 2010, and that he experienced the effects of this injury for more than six months. The respondent denied that the vaccine caused Petitioner's injuries or his current condition.
Despite maintaining their positions, both parties agreed to settle the case through a stipulation filed on January 14, 2015. The Special Master reviewed the stipulation and found it reasonable, adopting it as the decision.
The stipulation awarded a lump sum of $150,000.00 for all damages, payable to Petitioner. Additionally, a lump sum of $7,961.81 was awarded for attorneys' fees and costs, payable jointly to Petitioner and Petitioner's attorney, Douglas Lee Burdette.
No out-of-pocket litigation-related costs were incurred by Petitioner. The Special Master, Brian H.
Corcoran, approved the award amounts. Judgment was to be entered accordingly.
The respondent was represented by Alexis Babcock.
Theory of causation
Petitioner James J. Cotner alleged that an influenza vaccine administered on October 7, 2010, caused Guillain-Barrè syndrome (GBS), with effects lasting over six months. Respondent denied causation. The parties stipulated to a settlement, with the Special Master adopting the stipulation as the decision. The stipulation awarded $150,000.00 for damages and $7,961.81 for attorneys' fees and costs. The public decision does not detail the specific theory of causation, medical experts, clinical findings, onset, symptoms, treatments, or the mechanism of injury. Petitioner was represented by Douglas Lee Burdette, and Respondent was represented by Alexis Babcock. Special Master Brian H. Corcoran issued the decision on February 20, 2015.
Source PDFs
USCOURTS-cofc-1_13-vv-00785