Mavis E. Luther v. HHS - Influenza, Guillain-Barré Syndrome (“GBS”) and/or peripheral neuropathy (“PN”) (2014)
Case summary [AI summaries can sometimes make mistakes]
Petitioner Mavis E. Luther filed a petition on July 10, 2014, alleging that she suffered from Guillain-Barré Syndrome (GBS) and/or peripheral neuropathy (PN) as a result of receiving an influenza vaccine on October 10, 2012.
She further alleged that she experienced residual effects from this condition for more than six months. The respondent, the Secretary of Health and Human Services, denied that the vaccination caused petitioner's condition.
The parties reached a stipulation to resolve the matter informally. Special Master Laura D.
Millman adopted the stipulation, awarding Mavis E. Luther $18,000.00 for all damages available under 42 U.S.C. § 300aa-15(a).
Additionally, the Special Master awarded $8,505.04 for attorneys' fees and costs, payable jointly to petitioner and her attorney, Richard H. Moeller.
The decision was issued on July 10, 2014.
Theory of causation
Petitioner Mavis E. Luther alleged that an influenza vaccine administered on October 10, 2012, caused Guillain-Barré Syndrome (GBS) and/or peripheral neuropathy (PN), with residual effects lasting more than six months. Respondent denied causation. The parties resolved the case via stipulation. The public decision does not detail the specific medical experts, clinical findings, onset, symptoms, treatments, or the precise mechanism of causation alleged or accepted. The Special Master adopted the stipulation, awarding $18,000.00 for damages and $8,505.04 for attorneys' fees and costs. The decision was issued by Special Master Laura D. Millman on July 10, 2014. Petitioner was represented by Richard H. Moeller, and respondent was represented by Debra A. Filteau Begley.
Source PDFs
USCOURTS-cofc-1_13-vv-00810