Mark Cleveland v. HHS - Influenza, Guillain-Barre Syndrome (GBS) (2014)
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 May 16, 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.
Source PDFs
USCOURTS-cofc-1_13-vv-00804