Patricia K. Patterson v. HHS - Influenza, Guillain-Barré syndrome (“GBS”) (2015)

Filed 2013-11-13Decided 2015-06-26Vaccine Influenza
compensated$500,000

Case summary [AI summaries can sometimes make mistakes]

Patricia K. Patterson filed a petition on November 13, 2013, seeking compensation under the National Vaccine Injury Compensation Program.

She alleged that she suffered Guillain-Barré syndrome (GBS) and related complications as a result of receiving an influenza ("flu") vaccine. The specific date of vaccination was not specified in the public text.

The Secretary of Health and Human Services, the respondent, denied that the flu vaccine caused Petitioner's GBS and any related medical problems. Despite maintaining their respective positions, both parties agreed to a joint stipulation filed on April 6, 2015, to settle the case.

Special Master Brian H. Corcoran reviewed the stipulation and found it to be reasonable, adopting it as the decision of the Court.

Under the stipulation, Petitioner was awarded a total of $500,000.00. This amount consisted of a lump sum of $460,396.07, representing compensation for all damages available under 42 U.S.C. § 300aa-15(a), and a lump sum of $39,603.93 to reimburse a State of New York Medicaid lien.

The reimbursement for the lien was to be paid jointly to Petitioner and the New York State Department of Health. Separately, on June 3, 2015, counsel for both parties filed a joint stipulation regarding attorney's fees and costs.

Special Master Corcoran approved a lump sum of $45,000.00 for attorney's fees and costs, payable jointly to Petitioner and her counsel, Matthew F. Belanger.

The public decision does not describe the onset of symptoms, specific clinical details, medical tests, or treatments. The public decision does not name any medical experts.

Theory of causation

Petitioner Patricia K. Patterson alleged that an influenza vaccine caused her Guillain-Barré syndrome (GBS). The vaccination date was not specified in the public text. The respondent denied causation. The parties reached a joint stipulation on April 6, 2015, to settle the case, which Special Master Brian H. Corcoran adopted. The stipulation resulted in an award of $500,000.00, comprising $460,396.07 for damages under 42 U.S.C. § 300aa-15(a) and $39,603.93 for reimbursement of a New York Medicaid lien, payable jointly to Petitioner and the New York State Department of Health. Attorney's fees and costs of $45,000.00 were awarded separately on June 3, 2015, payable jointly to Petitioner and her counsel, Matthew F. Belanger (Faraci Lange LLP). The public decision does not detail the specific mechanism of causation, medical experts, or clinical findings.

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