Virginia Merrihew v. HHS - Influenza, Guillain-Barrè syndrome (2015)

Filed 2013-12-12Decided 2015-05-12Vaccine Influenza
compensated$70,000

Case summary [AI summaries can sometimes make mistakes]

Virginia Merrihew filed a petition on December 12, 2013, seeking compensation under the National Vaccine Injury Compensation Program. Petitioner alleged that she suffered from Guillain-Barrè syndrome (GBS) as a result of receiving an influenza vaccine on September 30, 2012, and that she experienced the effects of this injury for more than six months.

The respondent denied that the flu 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. Despite these positions, both parties entered into a stipulation to settle the case, agreeing that a decision should be entered awarding Petitioner compensation.

Special Master Brian H. Corcoran reviewed the file and concluded that the parties' stipulation was reasonable, adopting it as his decision.

The stipulation awarded Virginia Merrihew a lump sum of $70,000.00, payable to her, as compensation for all remaining damages. Subsequently, on April 16, 2015, counsel for both parties filed a joint stipulation regarding attorney's fees and costs.

They agreed to an award of $15,612.00, payable jointly to Petitioner and her counsel, F. John Caldwell, Jr.

Special Master Brian H. Corcoran approved this stipulation as reasonable.

Judgment was entered accordingly.

Theory of causation

Virginia Merrihew filed a petition on December 12, 2013, alleging that she suffered Guillain-Barrè syndrome (GBS) as a result of an influenza vaccine received on September 30, 2012. The respondent denied causation. The parties entered into a stipulation to settle the case. Special Master Brian H. Corcoran adopted the stipulation, awarding Petitioner a lump sum of $70,000.00 for all remaining damages. Subsequently, a joint stipulation for attorney's fees and costs was filed, agreeing to an award of $15,612.00 payable jointly to Petitioner and her counsel, F. John Caldwell, Jr. Special Master Brian H. Corcoran approved both stipulations. The public decision does not describe the specific medical mechanism, expert testimony, or the basis for the stipulation regarding causation.

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