Valerie Cozbey v. HHS - Influenza, Guillain-Barré Syndrome (2016)

Filed 2013-11-08Decided 2016-01-08Vaccine Influenza
compensated$110,000

Case summary [AI summaries can sometimes make mistakes]

Valerie Cozbey filed a petition on November 8, 2013, alleging that an influenza (flu) vaccine administered on November 8, 2010, which the parties later stipulated was actually administered on November 10, 2010, caused her to suffer from Guillain-Barré syndrome (GBS). The respondent denied that the influenza vaccine caused Petitioner's alleged GBS or any other injury, and further denied that Petitioner's current disabilities were sequelae of a vaccine-related injury.

The parties reached a tentative settlement, and on December 2, 2015, they filed a joint stipulation concerning attorneys' fees and costs, agreeing to an award of $13,300.00. Petitioner's counsel was Donald Philip Edwards of Atlanta, Georgia.

Special Master Lisa Hamilton-Fieldman found the petition was brought in good faith with a reasonable basis for the claim and awarded the attorneys' fees and costs. On December 17, 2015, the parties filed a joint stipulation agreeing that a decision should be entered awarding compensation.

Special Master Hamilton-Fieldman found this stipulation reasonable and adopted it as the decision of the Court. Petitioner received a lump sum of $110,000.00, representing compensation for all damages available under 42 U.S.C. § 300aa-15(a).

The decision was unpublished. The respondent's counsel was Michael Milmoe from the United States Department of Justice.

Theory of causation

Petitioner Valerie Cozbey alleged that an influenza vaccine administered on November 10, 2010, caused her to develop Guillain-Barré Syndrome (GBS). The respondent denied causation. The parties filed a joint stipulation agreeing to compensation. Special Master Lisa Hamilton-Fieldman adopted the stipulation as the decision of the Court. Petitioner was awarded a lump sum of $110,000.00 for all damages under 42 U.S.C. § 300aa-15(a). Attorneys' fees and costs of $13,300.00 were awarded separately, payable jointly to Petitioner and her counsel, Donald Philip Edwards. The decision was issued on January 8, 2016, following a stipulation filed on December 17, 2015. The public decision does not describe the specific medical or scientific mechanism of causation, nor does it name any medical experts.

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