Robert N. Jacobson v. HHS - Influenza, Guillain-Barré Syndrome (“GBS”) (2014)
Case summary [AI summaries can sometimes make mistakes]
Robert N. Jacobson filed a petition alleging that he suffered from Guillain-Barré Syndrome (GBS) caused by a seasonal influenza vaccine he received on October 20, 2010.
He further alleged that he experienced residual effects from the GBS for more than six months. The respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused Mr.
Jacobson's alleged GBS or any other injury. The parties reached a stipulation to resolve the matter informally.
Special Master Laura D. Millman adopted the stipulation, awarding Mr.
Jacobson $200,000.00 in compensation for all damages. This award was to be in the form of a check made payable to the petitioner.
Subsequently, the parties filed a stipulation for attorneys' fees and costs. Special Master Millman reviewed this stipulation and awarded $32,233.05 for attorneys' fees and costs, payable jointly to the petitioner and his attorney, the Law Offices of Jack D.
Miller. The public decision does not describe the specific onset of symptoms, medical tests, treatments, or the mechanism of causation.
Theory of causation
Petitioner Robert N. Jacobson alleged that a seasonal influenza vaccine administered on October 20, 2010, caused him to develop Guillain-Barré Syndrome (GBS) 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 theory of causation, medical experts, or the mechanism by which the vaccine allegedly caused GBS. The Special Master adopted the parties' stipulation, awarding $200,000.00 for all damages. Attorneys' fees and costs of $32,233.05 were awarded jointly to the petitioner and his attorney, Jack D. Miller. Special Master Laura D. Millman issued the decisions on October 1, 2014 (damages) and December 19, 2014 (fees).
Source PDFs
USCOURTS-cofc-1_13-vv-00832