Douglas D. Nichols v. HHS - Influenza, Guillain-Barré syndrome (GBS) (2015)

Filed 2015-03-23Decided 2015-04-15Vaccine Influenza
compensated$74,533

Case summary [AI summaries can sometimes make mistakes]

Douglas D. Nichols filed a petition on March 23, 2015, seeking compensation under the National Vaccine Injury Compensation Program.

He alleged that he suffered Guillain-Barré syndrome (GBS) and related complications as a result of receiving an influenza vaccine. The respondent denied that the GBS was caused by the vaccine.

However, both parties agreed to settle the case through a stipulation filed on March 23, 2015. Special Master Brian H.

Corcoran reviewed the stipulation and found it to be reasonable, adopting it as his decision. The stipulation awarded Mr.

Nichols a lump sum of $60,000.00, payable to him, as compensation for all damages available under 42 U.S.C. § 300aa-15(a). Additionally, a lump sum of $1,556.10 was awarded to satisfy a Florida Medicaid lien, payable jointly to Mr.

Nichols and Xerox Recovery Services. Mr.

Nichols agreed to endorse this payment to Xerox Recovery Services. The total compensation awarded for damages and the lien satisfaction was $61,556.10.

Separately, on March 24, 2015, counsel for both parties filed a joint stipulation regarding attorney's fees and costs. Special Master Brian H.

Corcoran approved this stipulation, awarding a lump sum of $12,977.56 for attorney's fees and costs, payable jointly to Mr. Nichols and his counsel, Diana L.

Stadelnikas Sedar. Petitioner represented that he did not incur any reimbursable costs.

The total compensation awarded to Mr. Nichols, including damages, lien satisfaction, and attorney's fees and costs, was $74,533.66.

The public decision does not describe the onset of symptoms, specific clinical details, medical tests, treatments, or the specific mechanism of causation. Petitioner was represented by Diana Sedar of Maglio, Christopher and Toale, PA, and the respondent was represented by Alexis Babcock of the U.S.

Department of Justice.

Theory of causation

Petitioner Douglas D. Nichols alleged that he suffered Guillain-Barré syndrome (GBS) and related complications as a result of receiving an influenza vaccine. The respondent denied causation. The parties reached a stipulation for settlement, and Special Master Brian H. Corcoran adopted the stipulation as his decision. The stipulation awarded $60,000.00 for all damages and $1,556.10 for a Florida Medicaid lien satisfaction, totaling $61,556.10. A separate stipulation awarded $12,977.56 for attorney's fees and costs, payable jointly to Petitioner and counsel Diana L. Stadelnikas Sedar. The total award was $74,533.66. The public decision does not detail the specific theory of causation, medical experts, or the mechanism by which the vaccine allegedly caused GBS. The case was resolved by stipulation.

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