Richard Sewell v. HHS - Influenza, Guillain-Barre Syndrome and Brachial Neuritis (2014)
Case summary [AI summaries can sometimes make mistakes]
Richard Sewell filed a petition on January 9, 2014, alleging that he developed Guillain-Barre Syndrome (GBS) and Brachial Neuritis (BN) as a result of receiving an influenza vaccine on October 17, 2012. He further alleged that he experienced residual effects from his injuries for more than six months.
The respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused Mr. Sewell's GBS and/or BN.
The parties, however, reached a joint stipulation for damages. Special Master Thomas L.
Gowen adopted this stipulation, awarding Mr. Sewell a lump sum of $65,173.50 for all damages available under the program.
The parties also stipulated to an award of attorneys' fees and costs, totaling $8,292.07, which Special Master Gowen also approved. Judgment was entered in accordance with the stipulation on October 24, 2014.
The public decision does not describe the onset of symptoms, specific medical tests, treatments, or the mechanism of causation. Petitioner was represented by Mark L.
Krueger of Krueger & Hernandez S.C., and respondent was represented by Debra A. Filteau Begley of the United States Department of Justice.
Theory of causation
Petitioner Richard Sewell alleged that an influenza vaccine administered on October 17, 2012, caused Guillain-Barre Syndrome (GBS) and Brachial Neuritis (BN), with residual effects lasting more than six months. Respondent denied causation. The parties reached a joint stipulation for damages and attorneys' fees and costs. Special Master Thomas L. Gowen adopted the stipulation, awarding petitioner $65,173.50 for all damages and $8,292.07 for attorneys' fees and costs. The decision was issued on October 24, 2014. The public text does not detail the specific theory of causation, medical experts, or the mechanism of injury.
Source PDFs
USCOURTS-cofc-1_14-vv-00023