Charles Kiklis v. HHS - Influenza, Guillain-Barre Syndrome (2014)

Filed 2013-10-25Decided 2014-08-05Vaccine Influenza
compensated$218,000

Case summary [AI summaries can sometimes make mistakes]

Charles Kiklis filed a petition for compensation under the National Vaccine Injury Compensation Program on October 25, 2013. He alleged that he suffered from Guillain-Barré Syndrome (GBS) caused by a flu vaccination he received on September 18, 2012, and that he experienced residual effects of his injuries for more than six months.

The respondent denied that the flu vaccine caused petitioner's GBS or any other injury. The parties subsequently agreed to settle the case.

On July 11, 2014, they filed a joint stipulation outlining the settlement terms. Special Master Thomas L.

Gowen reviewed the stipulation and adopted it as the decision of the Court. Under the terms of the stipulation, the respondent agreed to pay the petitioner a lump sum of $218,000.00, representing compensation for all damages available under 42 U.S.C. § 300aa-15(a).

Additionally, a lump sum of $12,081.53 was awarded for attorneys' fees and costs, payable jointly to the petitioner and his attorney, Howard S. Gold, Esq.

The public decision does not describe the specific onset of symptoms, medical tests, treatments, or the mechanism of causation. Petitioner was represented by Howard S.

Gold, Esq., of Gold Law Firm, LLC, and respondent was represented by Ann D. Martin, Esq., of the U.S.

Dept. of Justice.

Theory of causation

Petitioner Charles Kiklis alleged that a flu vaccination received on September 18, 2012, caused Guillain-Barré Syndrome (GBS) with residual effects lasting more than six months. Respondent denied causation. The parties reached a settlement via joint stipulation filed on July 11, 2014. Special Master Thomas L. Gowen adopted the stipulation. The settlement included a lump sum award of $218,000.00 for damages under 42 U.S.C. § 300aa-15(a) and $12,081.53 for attorneys' fees and costs. The public decision does not detail the specific medical mechanism, expert testimony, or clinical findings supporting the theory of causation, relying instead on the joint stipulation for resolution.

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