Louis R. Brockington v. HHS - Influenza, Guillain-Barré syndrome (“GBS”) (2014)

Louis R. Brockington filed a petition on November 27, 2013, 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 Secretary of Health and Human Services, the respondent, denied that the flu vaccine caused Mr.

Brockington's GBS and any related medical problems. Despite maintaining their respective positions, both parties agreed in a stipulation filed on May 27, 2014, that the issues could be settled and that a decision should be entered awarding compensation to Mr.

Brockington. Special Master Brian H.

Corcoran reviewed the file and concluded that the parties' stipulation was reasonable, adopting it as his decision. The stipulation awarded Mr.

Brockington a lump sum of $160,000.00, payable by check to the petitioner, as compensation for all damages available under 42 U.S.C. § 300aa-15(a). On July 8, 2014, counsel for both parties filed a joint stipulation regarding attorneys' fees and costs.

This stipulation proposed an award of $10,819.65 to Mr. Brockington's counsel, James M.

Griffin, Esq., payable by check jointly to the petitioner and his counsel. Special Master Corcoran approved this stipulation on July 29, 2014, finding the amount reasonable.

The public decision does not describe the specific onset of symptoms, medical tests, treatments, or the mechanism of causation. Petitioner was represented by James M.

Griffin of Lewis, Babcock & Griffin, L.L.P., and respondent was represented by Justine Daigneault of the U.S. Department of Justice.