Eric Dubay v. HHS - Influenza, Guillain-Barre Syndrome (2015)
Case summary [AI summaries can sometimes make mistakes]
Eric Dubay filed a petition on January 8, 2015, alleging that he developed Guillain-Barre Syndrome (GBS) as a result of receiving an influenza vaccine on or about October 5, 2011. He further alleged that he experienced residual effects of his injury for more than six months.
The respondent denied that the flu vaccination caused petitioner's GBS. The parties subsequently filed a joint stipulation on damages, agreeing that a decision should be entered awarding compensation.
Special Master Thomas L. Gowen adopted the stipulation.
Petitioner was awarded a lump sum of $100,000.00 for all damages available under the statute. On February 19, 2015, a separate decision addressed attorneys' fees and costs.
The parties filed a stipulation regarding fees and costs, with the respondent not objecting to the requested amount. Special Master Gowen found that the petition was brought in good faith and had a reasonable basis, awarding $6,555.67 in attorneys' fees and costs, payable jointly to petitioner Eric Dubay and his attorney, Verne E.
Paradie, Jr. The public decision does not describe the onset of symptoms, specific medical tests, treatments, or the mechanism of causation.
Theory of causation
Petitioner Eric Dubay alleged that an influenza vaccine administered on or about October 5, 2011, caused Guillain-Barre Syndrome (GBS) and residual effects lasting more than six months. The respondent denied causation. The parties stipulated to an award of $100,000.00 for all damages. Special Master Thomas L. Gowen adopted the stipulation on February 9, 2015. Attorneys' fees and costs of $6,555.67 were awarded on February 19, 2015, upon a finding of good faith and reasonable basis for the claim. The public decision does not detail the specific theory of causation, medical experts, or the mechanism by which the vaccine allegedly caused GBS.
Source PDFs
USCOURTS-cofc-1_14-vv-00604