Michael O’Leary v. HHS - Influenza, Guillain-Barre Syndrome (GBS) (2015)
Case summary [AI summaries can sometimes make mistakes]
Michael O’Leary filed a petition for compensation under the National Vaccine Injury Compensation Program on August 14, 2014, alleging that he suffered Guillain-Barre Syndrome (GBS) as a result of receiving an influenza vaccine on October 26, 2011. The residual effects of his alleged GBS lasted more than six months.
Respondent denied that the influenza vaccination caused petitioner’s alleged shoulder injury or any other injury. Nevertheless, the parties reached a settlement agreement.
Respondent agreed to pay petitioner a lump sum of $140,000.00 for all damages and an additional $21,500.00 for attorneys’ fees and costs. Petitioner’s counsel, Lawrence R.
Cohen of Anapol Schwartz, indicated that petitioner incurred no out-of-pocket litigation expenses. Chief Special Master Denise Kathryn Vowell adopted the parties’ stipulation and awarded compensation in the agreed-upon amount.
The decision was issued on June 3, 2015.
Theory of causation
Petitioner Michael O'Leary alleged that an influenza vaccine administered on October 26, 2011, caused Guillain-Barre Syndrome (GBS) with residual effects lasting more than six months. Respondent denied causation. The parties reached a stipulation for award, agreeing to a settlement. The public decision does not detail the specific theory of causation, medical experts, clinical findings, onset, symptoms, tests, treatments, or the mechanism of injury. The Special Master adopted the stipulation, awarding $140,000.00 for damages and $21,500.00 for attorneys' fees and costs, totaling $161,500.00. Petitioner's counsel was Lawrence R. Cohen. The decision date was June 3, 2015, and the Special Master was Denise Kathryn Vowell.
Source PDFs
USCOURTS-cofc-1_14-vv-00737