Essam Helmy v. HHS - Influenza, chronic inflammatory demyelinating polyneuropathy (2015)

Filed 2013-12-05Decided 2015-02-06Vaccine Influenza
compensated$75,000

Case summary [AI summaries can sometimes make mistakes]

On December 5, 2013, Essam Helmy filed a petition under the National Vaccine Injury Compensation Program, alleging that he developed chronic inflammatory demyelinating polyneuropathy (CIDP) as a result of receiving an influenza vaccine on or about October 5, 2012. Mr.

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

Helmy's CIDP or any other injuries. Despite this denial, the parties filed a joint stipulation on February 6, 2015, agreeing to an award of compensation.

Special Master Thomas L. Gowen reviewed the stipulation and found it reasonable, adopting it as the decision of the Court.

The stipulation awarded Mr. Helmy a lump sum of $75,000.00, payable to him, as compensation for all damages.

Subsequently, on February 23, 2015, the parties filed a stipulation concerning attorneys' fees and costs. The respondent did not object to the requested amount.

Special Master Gowen found that the petition was brought in good faith and had a reasonable basis, making an award for fees and costs appropriate under 42 U.S.C. §§ 300aa-15(b) and (e)(1). On March 3, 2015, judgment was entered in accordance with the compensation stipulation.

On March 18, 2015, Special Master Gowen issued a decision on attorneys' fees and costs, awarding a lump sum of $21,629.95, payable jointly to Mr. Helmy and his counsel, Maximillian J.

Muller of Muller Brazil, LLP, for petitioner's attorney fees and costs. The case was resolved through these stipulations, with the court approving the compensation and fees.

Petitioner was represented by Maximillian J. Muller, and respondent was represented by Lara Englund.

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