David W. Crippen v. HHS - Influenza, Guillain-Barré Syndrome (GBS) (2014)

Filed 2014-11-10Decided 2014-11-10Vaccine Influenza
compensated$45,240

Case summary [AI summaries can sometimes make mistakes]

David W. Crippen filed a petition on November 10, 2014, alleging that he suffered from Guillain-Barré Syndrome (GBS) caused by an influenza vaccine he received on October 8, 2012.

He further alleged that he experienced residual effects from this injury for more than six months. The respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused Mr.

Crippen's alleged GBS, residual effects, or any other condition. Despite the respondent's denial, the parties reached a stipulation to resolve the case.

Special Master Laura D. Millman reviewed the stipulation and found its terms to be reasonable.

The court adopted the stipulation and awarded Mr. Crippen $45,240.00 in compensation for all damages, to be paid as a single check.

Separately, on December 5, 2014, Special Master Millman issued a decision regarding attorneys' fees and costs. The parties had stipulated to an amount of $9,218.58, consisting of $8,818.58 for attorneys' fees and costs, and $400.00 for Mr.

Crippen's personal costs. The respondent did not object to this amount.

The court awarded $8,818.58 payable jointly to David W. Crippen and his law firm, Brennan, Robins & Daley, P.C., and $400.00 payable to David W.

Crippen personally. The public decision does not describe the onset of symptoms, specific medical tests, treatments, or the mechanism of causation.

Petitioner was represented by Jeffrey A. Golvash, and respondent was represented by Jennifer L.

Reynaud.

Theory of causation

Petitioner David W. Crippen alleged that an influenza vaccine administered on October 8, 2012, caused Guillain-Barré Syndrome (GBS) and residual effects lasting more than six months. Respondent denied causation. The parties reached a stipulation to resolve the case, and the Special Master adopted the stipulation. 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 via stipulation, resulting in an award of $45,240.00 for damages and $8,818.58 for attorneys' fees and costs, plus $400.00 for petitioner's costs. Special Master Laura D. Millman issued decisions on November 10, 2014, and December 5, 2014. Petitioner's counsel was Jeffrey A. Golvash, and respondent's counsel was Jennifer L. Reynaud.

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