Michael Lea v. HHS - Influenza, Guillain-Barré Syndrome (2015)
Case summary [AI summaries can sometimes make mistakes]
Amy Lea, as Personal Representative of the Estate of Michael Lea, filed a petition alleging that Michael Lea suffered from Guillain-Barré Syndrome (GBS) as a result of an influenza vaccine he received on October 28, 2011. The initial decision on May 13, 2015, dismissed the petition for insufficient proof, as Petitioner could not demonstrate entitlement to compensation under the Vaccine Act.
Specifically, the record did not contain evidence of a "Table Injury" or a medical expert's opinion establishing that the vaccine caused the alleged injuries. However, on July 6, 2015, the parties filed a stipulation for attorneys' fees and costs.
The court found that the petition was brought in good faith and with a reasonable basis. Accordingly, the court awarded $14,348.70 in attorneys' fees and costs, made payable jointly to Petitioner and her counsel.
Judgment was entered based on this stipulation.
Source PDFs
USCOURTS-cofc-1_14-vv-00291