Brian Lauer v. HHS - Influenza, peripheral neuropathy (2015)
Case summary [AI summaries can sometimes make mistakes]
Brian Lauer filed a petition on November 30, 2015, alleging that he suffered peripheral neuropathy as a result of receiving an influenza vaccine on October 14, 2012. He further alleged that he experienced residual effects of his injury for more than six months.
The respondent, the Secretary of Health and Human Services, denied that the flu vaccination caused petitioner's peripheral neuropathy or any other injury. Despite this denial, the parties filed a joint stipulation for damages on November 25, 2015.
The Special Master, Thomas L. Gowen, found the stipulation reasonable and adopted it as the decision of the Court.
Brian Lauer was awarded a lump sum of $700,000.00 in compensation for all damages available under 42 U.S.C. § 300aa-15(a). The decision was posted on the website of the United States Court of Federal Claims in accordance with the E-Government Act of 2002.
Petitioner's counsel was Ronald C. Homer of Conway, Homer & Chin-Caplan, P.C., and respondent's counsel was Jennifer L.
Reynaud of the United States Department of Justice. The public decision does not describe the specific onset of symptoms, medical tests, treatments, or expert witnesses involved in this case.
Theory of causation
Petitioner Brian Lauer alleged that he suffered peripheral neuropathy as a result of receiving an influenza vaccine on October 14, 2012, and experienced residual effects for more than six months. The respondent denied causation. The parties reached a joint stipulation for damages, which was approved by Special Master Thomas L. Gowen. The stipulation resulted in an award of $700,000.00. The public decision does not specify the theory of causation, the mechanism of injury, or any expert testimony presented. The case was resolved via stipulation, and the specific details of the medical evidence or legal arguments regarding causation are not detailed in the provided text.
Source PDFs
USCOURTS-cofc-1_14-vv-00244