Kevin M. Meaney v. HHS - Influenza, Guillain-Barre syndrome (GBS) (2015)
Case summary [AI summaries can sometimes make mistakes]
Kevin M. Meaney filed a petition on October 28, 2013, alleging that an influenza (flu) vaccination he received on November 5, 2010 caused him to develop Guillain-Barré syndrome (GBS) with residual effects lasting more than six months.
Respondent denied that the flu vaccine caused petitioner's GBS or any other injury. Nonetheless, both parties agreed to a joint stipulation filed October 1, 2015 to settle the case.
Chief Special Master Dorsey found the stipulation reasonable and adopted it as the decision of the Court. Petitioner received a total of $75,591.96, consisting of a lump sum of $25,591.96 to reimburse a State of Florida Medicaid lien payable jointly to petitioner and the Florida Agency for Health Care Administration, plus $50,000.00 representing compensation for all remaining damages available under 42 U.S.C. § 300aa-15(a).
Attorneys' fees and costs of $24,115.22 were awarded separately.
Theory of causation
Flu Nov 5, 2010 → GBS. Joint stipulation Oct 1, 2015; CSM Dorsey. FL Medicaid lien $25,591.96 + remaining $50,000 = $75,591.96 (both §300aa-15(a)). Fees $24,115.22 (Krueger, Krueger & Hernandez SC, Baraboo WI).
Source PDFs
USCOURTS-cofc-1_13-vv-00842