Eddie David Dukes v. HHS - Influenza, Guillain-Barré syndrome (GBS) (2015)

Filed 2015-01-27Decided 2015-04-20Vaccine Influenza
compensated$187,360

Case summary [AI summaries can sometimes make mistakes]

Eddie David Dukes filed a petition for compensation under the National Vaccine Injury Compensation Program on July 29, 2014, alleging that he suffered Guillain-Barré syndrome (GBS) as a result of an influenza vaccine he received on September 13, 2011. Mr.

Dukes alleged that he experienced the residual effects of GBS for more than six months, had filed no other action for this injury, and had received no prior award or settlement. The respondent, the Secretary of Health and Human Services, denied that the influenza vaccination caused Mr.

Dukes' GBS or any other injury. Despite the denial, the parties reached a settlement agreement.

On January 27, 2015, a joint stipulation was filed, agreeing to settle the case for a lump sum of $175,000.00, intended to compensate for all available damages. Chief Special Master Denise Kathryn Vowell adopted this stipulation.

Subsequently, on March 26, 2015, the parties filed a stipulation for attorneys' fees and costs, agreeing to an award of $12,360.52. Chief Special Master Vowell also adopted this stipulation, awarding a total of $187,360.52 to Mr.

Dukes. The decision on attorneys' fees and costs was issued on April 20, 2015.

Petitioner was represented by James Griffin of Lewis, Babcock & Griffin, LLP, and respondent was represented by Lynn Ricciardella of the US Department of Justice. The public decision does not describe the specific onset of symptoms, medical tests, treatments, or the mechanism of causation.

Theory of causation

Petitioner Eddie David Dukes alleged that an influenza vaccine received on September 13, 2011, caused Guillain-Barré syndrome (GBS). Respondent denied causation. The parties reached a settlement. A joint stipulation filed January 27, 2015, agreed to a lump sum award of $175,000.00 for all damages. A subsequent stipulation filed March 26, 2015, agreed to attorneys' fees and costs of $12,360.52. Chief Special Master Denise Kathryn Vowell adopted both stipulations. The total award was $187,360.52. The public decision does not detail the specific theory of causation, medical experts, or the mechanism of injury.

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