Michael Askew v. HHS - Influenza, Guillain-Barré syndrome (GBS) (2014)

Filed 2014-03-31Decided 2014-12-11Vaccine Influenza
compensated$181,734

Case summary [AI summaries can sometimes make mistakes]

Michael Askew filed a petition on March 31, 2014, under the National Vaccine Injury Compensation Program, alleging he developed Guillain-Barré syndrome (GBS) following an influenza vaccine administered on November 11, 2011. The respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused Petitioner's GBS or any other injury.

Despite this denial, the parties reached a joint stipulation on December 11, 2014, agreeing to an award of compensation and attorneys' fees. Special Master Lisa Hamilton-Fieldman reviewed the stipulation and found it reasonable, adopting it as the decision of the Court.

The stipulation provided for a lump sum payment of $162,500.00 to Petitioner for all damages. Additionally, a lump sum of $19,234.39 was awarded for attorneys' fees and costs, payable jointly to Petitioner and his attorney, Maximillian Muller of Muller Brazil, LLP.

Petitioner represented that he incurred no out-of-pocket litigation expenses. The Special Master ordered that judgment be entered in accordance with the terms of the stipulation, noting that the parties had waived their right to seek review.

The case was represented by Maximillian Muller for the Petitioner and Traci Patton for the Respondent.

Theory of causation

Petitioner Michael Askew alleged that an influenza vaccine administered on November 11, 2011, caused Guillain-Barré syndrome (GBS). Respondent denied causation. The parties filed a joint stipulation on December 11, 2014, agreeing to compensation. The stipulation awarded Petitioner a lump sum of $162,500.00 for all damages and $19,234.39 for attorneys' fees and costs, payable jointly to Petitioner and his attorney, Maximillian Muller. Special Master Lisa Hamilton-Fieldman approved the stipulation as reasonable and ordered judgment. The specific medical mechanism or expert testimony supporting the causation theory was not detailed in the provided public text, as the case was resolved via stipulation.

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