Milena Gottlieb v. HHS - Influenza, Guillain-Barré Syndrome (“GBS”) (2015)
Case summary [AI summaries can sometimes make mistakes]
Milena Gottlieb filed a petition on June 25, 2014, alleging that an influenza vaccine received on or about August 19, 2011, caused her to suffer Guillain-Barré Syndrome (GBS) and that she experienced residual effects for more than six months. The respondent denied that the vaccine caused the alleged GBS or any other injury.
The parties reached a joint stipulation for compensation, acknowledging that the flu vaccine is listed on the Vaccine Injury Table. The stipulation awarded Ms.
Gottlieb a lump sum of $85,000.00 for all damages. Subsequently, a separate stipulation addressed attorneys' fees and costs.
Petitioner's counsel, Thomas P. Gallagher, sought $22,837.51 in attorneys' fees and costs.
The respondent did not object to this amount. Special Master Christian J.
Moran adopted the stipulations as the decision of the Court. The total compensation awarded was $107,837.51, consisting of the $85,000.00 lump sum for damages and $22,837.51 for attorneys' fees and costs.
The decision was filed on January 14, 2015, with the fees and costs decision filed on January 30, 2015. The public decision does not describe the onset of symptoms, specific medical tests, treatments, or expert witnesses.
Theory of causation
Petitioner Milena Gottlieb alleged that an influenza vaccine administered on or about August 19, 2011, caused her to develop Guillain-Barré Syndrome (GBS), with residual effects lasting more than six months. The respondent denied causation. The parties entered into a joint stipulation, agreeing to compensation because the influenza vaccine is on the Vaccine Injury Table and the condition met the duration requirement. The stipulation did not admit that the vaccine caused the GBS. Special Master Christian J. Moran issued a decision adopting the stipulation. Petitioner was awarded $85,000.00 for damages and $22,837.51 for attorneys' fees and costs, for a total of $107,837.51. The theory of causation relied on the Vaccine Injury Table. The public decision does not detail the specific mechanism of injury, expert testimony, or clinical findings.
Source PDFs
USCOURTS-cofc-1_14-vv-00543