Sean Newman v. HHS - Influenza, Guillain-Barré syndrome (GBS) (2014)
Case summary [AI summaries can sometimes make mistakes]
Sean Newman filed a petition on October 8, 2014, alleging that he developed Guillain-Barré syndrome (GBS) caused by an influenza vaccine he received on February 10, 2011. He further alleged that he experienced residual effects from the injury for more than six months.
The respondent denied that the flu vaccine caused his GBS or any other injury. However, on October 7, 2014, the parties filed a joint stipulation for damages.
Special Master Nora Beth Dorsey found the stipulation reasonable and adopted it as the decision of the Court. Mr.
Newman was awarded a lump sum of $125,000.00 for all damages, plus $18,117.45 for attorneys' fees and costs, payable jointly to Mr. Newman and his counsel, Maximillian J.
Muller of Muller Brazil, LLP. The parties agreed to expedite judgment by renouncing the right to seek review.
The public decision does not describe the onset of symptoms, specific medical tests, treatments, or expert witnesses.
Theory of causation
Petitioner Sean Newman alleged that an influenza vaccine administered on February 10, 2011, caused him to develop Guillain-Barré syndrome (GBS) and residual effects lasting over six months. The respondent denied causation. The parties reached a joint stipulation for damages, which Special Master Nora Beth Dorsey adopted. The award included $125,000.00 for all damages and $18,117.45 for attorneys' fees and costs. The theory of causation was "Off-Table." The public decision does not detail the specific mechanism of injury, expert testimony, or clinical findings.
Source PDFs
USCOURTS-cofc-1_14-vv-00063