Laura Bush v. HHS - Influenza, Bell's palsy and Guillain-Barré Syndrome (“GBS”) (2015)

Filed 2014-01-02Decided 2015-01-14Vaccine Influenza
compensated$36,850

Case summary [AI summaries can sometimes make mistakes]

Laura Bush filed a petition on January 2, 2014, alleging that the influenza vaccine she received on September 16, 2011, caused her to suffer Bell's palsy and Guillain-Barré Syndrome (GBS). Ms.

Bush further alleged that she suffered residual effects for more than six months and that there had been no prior award or settlement of a civil action for damages on her behalf. Respondent denied that the flu vaccine caused petitioner's Bell's palsy and GBS or any other injury, and further denied that her current disabilities were a sequela of a vaccine-related injury.

The parties reached a joint stipulation, which Special Master Christian J. Moran found reasonable and adopted as the Court's decision on November 3, 2014.

The stipulation awarded Ms. Bush a lump sum of $20,000.00, payable by check to her, as compensation for all damages.

Subsequently, on November 25, 2014, Ms. Bush filed a motion for attorneys' fees and costs.

Respondent initially raised objections to certain items in the application. Following discussions, petitioner amended her application to request $16,850.00 for attorneys' fees and costs, an amount to which respondent did not object.

On January 14, 2015, Special Master Christian J. Moran awarded this amount, payable by check to Ms.

Bush and her attorney, Carol L. Gallagher.

This brought the total compensation to $36,850.00. The public decision does not describe the onset of symptoms, specific clinical details, diagnostic tests, treatments, or the mechanism of causation.

Theory of causation

Petitioner Laura Bush alleged that the influenza vaccine received on September 16, 2011, caused Bell's palsy and Guillain-Barré Syndrome (GBS), with residual effects lasting more than six months. This condition is listed in the Vaccine Injury Table. Respondent denied causation. The parties reached a stipulation, and Special Master Christian J. Moran adopted it as the Court's decision on November 3, 2014, awarding $20,000.00 for all damages. Petitioner subsequently sought attorneys' fees and costs. After initial objections, petitioner amended her request to $16,850.00, which respondent did not oppose. Special Master Moran awarded this amount on January 14, 2015, bringing the total award to $36,850.00. The public decision does not detail specific medical experts, the mechanism of injury, or the specific evidence considered beyond the stipulation.

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