Mark Cleveland v. HHS - Influenza, Guillain-Barre Syndrome (GBS) (2014)

Filed 2013-10-16Decided 2014-06-09Vaccine Influenza
compensated$100,000

Case summary [AI summaries can sometimes make mistakes]

Mark Cleveland filed a petition on October 16, 2013, alleging that an influenza vaccine received on November 1, 2010, and/or a tetanus-diphtheria (Td) vaccine received on November 16, 2010, caused him to develop Guillain-Barré syndrome (GBS) with residual effects lasting more than six months. The respondent, the Secretary of Health and Human Services, denied that the vaccines caused petitioner's GBS or any other injury.

Despite these opposing positions, both parties agreed to a joint stipulation filed on May 16, 2014, to settle the case. Special Master Lisa Hamilton-Fieldman reviewed the stipulation, found it reasonable, and adopted it as the decision of the Court.

Under the terms of the stipulation, Mr. Cleveland received a lump sum payment of $100,000.00, intended as compensation for all damages available under 42 U.S.C. § 300aa-15(a).

Additionally, attorneys' fees and costs totaling $29,750.00 were awarded separately, payable jointly to Mr. Cleveland and his attorney, Kate G.

Westad. The decision was issued on June 9, 2014.

The public decision does not describe the onset of symptoms, specific clinical details of the GBS, diagnostic tests performed, or treatments received. The specific mechanism of causation was not detailed in the public decision, as the case was resolved via stipulation.

Theory of causation

Petitioner Mark Cleveland alleged that an influenza vaccine administered on November 1, 2010, and/or a tetanus-diphtheria (Td) vaccine administered on November 16, 2010, caused him to develop Guillain-Barré Syndrome (GBS) with residual effects lasting more than six months. The Respondent denied causation. The parties entered into a joint stipulation on May 16, 2014, to resolve the case. Special Master Lisa Hamilton-Fieldman adopted the stipulation as the decision of the Court. The award included a lump sum of $100,000.00 for damages under 42 U.S.C. § 300aa-15(a) and $29,750.00 for attorneys' fees and costs, payable jointly to Petitioner and his attorney, Kate G. Westad. The decision date was June 9, 2014. The public text does not detail the specific medical experts, the proposed mechanism of injury, or the clinical progression of the alleged GBS, as the case was settled by stipulation.

Source PDFs 1 total · 1 downloaded