Matthew J. Lenihan v. HHS - Influenza, Guillain-Barré Syndrome (Miller-Fisher syndrome) (2015)
Case summary [AI summaries can sometimes make mistakes]
Matthew J. Lenihan filed a petition on April 7, 2014, alleging that he suffered from Guillain-Barré Syndrome (GBS), specifically Miller-Fisher syndrome, as a result of receiving an influenza vaccine on or about November 7, 2011.
He claimed residual effects from the injury for more than six months. The respondent denied that the flu vaccine caused his GBS.
However, the parties filed a joint stipulation on damages, agreeing that compensation should be awarded. Special Master Nora Beth Dorsey adopted the stipulation, awarding Matthew J.
Lenihan a lump sum of $190,000.00 for all damages. Subsequently, on April 10, 2015, the parties filed a stipulation for attorneys' fees and costs, agreeing to a total award of $21,664.72 for fees and $108.08 for costs, which Special Master Dorsey approved.
The total compensation awarded was $211,664.72. Petitioner was represented by Richard H.
Moeller of Berenstein, Moore, et al., and respondent was represented by Lara A. Englund of the United States Department of Justice.
Theory of causation
Petitioner Matthew J. Lenihan alleged that an influenza vaccine administered on November 7, 2011, caused Guillain-Barré Syndrome (GBS), specifically Miller-Fisher syndrome, with residual effects lasting more than six months. The respondent denied causation. The parties filed a joint stipulation on damages and subsequently on attorneys' fees and costs. The Special Master adopted the stipulations. Petitioner received a lump sum award of $190,000.00 for damages and $21,664.72 for attorneys' fees and $108.08 for costs, totaling $211,664.72. The theory of causation was identified as 'Off-Table'. No specific medical experts or detailed clinical information regarding the onset, symptoms, tests, treatments, or mechanism of injury were described in the provided public text. Special Master Nora Beth Dorsey issued the decision on March 27, 2015, for damages and May 13, 2015, for fees and costs. Petitioner's counsel was Richard H. Moeller, and respondent's counsel was Lara A. Englund.
Source PDFs
USCOURTS-cofc-1_14-vv-00265