Cathy Erdmann v. HHS - Influenza, Guillain-Barré syndrome (2015)

Filed 2015-01-13Decided 2015-02-06Vaccine Influenza
compensated$302,036

Case summary [AI summaries can sometimes make mistakes]

Cathy Erdmann filed a petition on January 13, 2015, seeking compensation under the National Vaccine Injury Compensation Program. She alleged that she suffered from Guillain-Barré syndrome (GBS) as a result of receiving an influenza vaccine on September 24, 2013, and experienced residual effects for more than six months.

The respondent denied that the flu vaccine caused Petitioner's alleged GBS or any other injury. Despite maintaining their positions, both parties agreed to settle the case through stipulations.

A stipulation filed on December 22, 2014, addressed attorneys' fees and costs, indicating an agreement for compensation to Petitioner's attorney and that no out-of-pocket litigation costs were incurred. Another stipulation, filed on January 13, 2015, stated that the issues could be settled and that compensation should be awarded.

Special Master Brian H. Corcoran reviewed the file and found the stipulations to be reasonable, adopting them as the decision.

The stipulations awarded Cathy Erdmann a lump sum of $285,000.00 for all damages, payable to Petitioner. Additionally, a lump sum of $17,036.83 was awarded for attorneys' fees and costs, payable jointly to Petitioner and her attorney, Mark L.

Krueger of Krueger & Hernandez, S.C. The respondent was represented by Lindsay Corliss of the U.S.

Department of Justice. The Special Master directed the clerk of the court to enter judgment based on these stipulations.

Theory of causation

Petitioner Cathy Erdmann alleged that she suffered Guillain-Barré syndrome (GBS) as a result of receiving an influenza vaccine on September 24, 2013. Respondent denied that the vaccine caused her GBS or any other injury. The parties reached a settlement through stipulations, agreeing to compensation without litigating the causation theory. The public decision does not describe the specific medical mechanism, expert testimony, or clinical details supporting the alleged causation. The settlement awarded Petitioner $285,000.00 for all damages and $17,036.83 for attorneys' fees and costs. Special Master Brian H. Corcoran approved the stipulations as reasonable. The decision was issued on February 6, 2015.

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