Samuel Hussey v. HHS - Influenza, Guillain-Barré Syndrome (GBS) (2015)
Case summary [AI summaries can sometimes make mistakes]
Samuel Hussey filed a petition on January 24, 2014, alleging that the influenza vaccine he received on February 21, 2012, and the Hepatitis B (Hep B) vaccines he received on March 10, April 7, and May 5, 2012, caused him to suffer from Guillain-Barré Syndrome (GBS). Mr.
Hussey claimed that he experienced residual effects from the GBS for more than six months. The respondent denied that the vaccines caused Mr.
Hussey's GBS or any other injury. Despite the respondent's denial, the parties reached a joint stipulation for compensation.
Special Master Christian J. Moran adopted the stipulation as the decision of the Court.
The stipulation awarded Mr. Hussey a total of $126,577.17.
This amount included $30,077.17 to satisfy a Medicaid lien, payable jointly to petitioner and the Department of Human Services Med-QUEST Division. The remaining $95,000.00 was awarded as a lump sum check payable to Samuel Hussey for all other damages.
Subsequently, on June 23, 2015, the parties filed a stipulation concerning attorneys' fees and costs. Petitioner's counsel, Amber D.
Wilson of Maglio, Christopher & Toale, submitted an application for fees and costs. After discussions and amendments, the parties agreed upon an amount of $36,582.96.
Special Master Christian J. Moran awarded this amount for attorneys' fees and costs, payable to petitioner and his attorney.
The total compensation awarded, including fees and costs, amounted to $163,160.13.
Theory of causation
Petitioner Samuel Hussey alleged that his influenza vaccination on February 21, 2012, and his Hepatitis B vaccinations on March 10, April 7, and May 5, 2012, caused him to suffer from Guillain-Barré Syndrome (GBS), which he experienced residual effects from for more than six months. The vaccines were identified as being contained in the Vaccine Injury Table. Respondent denied that the vaccines caused petitioner's GBS. The parties reached a stipulation for compensation, which was adopted by Special Master Christian J. Moran. The stipulation resulted in an award of $126,577.17 for damages, including satisfaction of a Medicaid lien, and a subsequent award of $36,582.96 for attorneys' fees and costs, bringing the total award to $163,160.13. The public decision does not describe the specific medical experts, clinical details of the GBS onset or progression, diagnostic tests, treatments, or the precise mechanism of causation relied upon by the petitioner or conceded by the respondent in the stipulation.
Source PDFs
USCOURTS-cofc-1_14-vv-00056