Hugo D. Gutierrez v. HHS - Influenza, Guillain-Barré Syndrome (2015)
Case summary [AI summaries can sometimes make mistakes]
Hugo D. Gutierrez filed a petition on November 25, 2014, alleging that he suffered from Guillain-Barré Syndrome (GBS) caused by an influenza vaccine he received on December 27, 2010.
The respondent, the Secretary of Health and Human Services, denied that the vaccine caused Mr. Gutierrez's GBS or any other injury.
Despite the respondent's denial, the parties reached a stipulation to resolve the case. Special Master Laura D.
Millman adopted the stipulation and awarded Mr. Gutierrez $180,000.00 as compensation for all damages.
This award was to be paid in the form of a check to the petitioner. Subsequently, on June 25, 2015, the parties filed another stipulation regarding attorneys' fees and costs.
Mr. Gutierrez requested $25,401.44 for attorneys' fees and costs, and the respondent did not object to this amount.
Special Master Millman found this amount reasonable and awarded it, payable jointly to Mr. Gutierrez and his attorneys, Habush Habush & Rottier, S.C.
The case was resolved through these stipulations, resulting in compensation for the petitioner.
Theory of causation
Petitioner Hugo D. Gutierrez alleged that his Guillain-Barré Syndrome (GBS) was caused by an influenza vaccine received on December 27, 2010. Respondent denied causation. The parties reached a stipulation to resolve the case, and Special Master Laura D. Millman awarded $180,000.00 for all damages. Attorneys' fees and costs of $25,401.44 were also awarded, payable jointly to the petitioner and his counsel, Habush Habush & Rottier, S.C. The public decision does not describe the specific medical mechanism, expert testimony, or the details of the stipulation beyond the agreed-upon compensation amounts.
Source PDFs
USCOURTS-cofc-1_13-vv-00987