Kory Brimmer v. HHS - Influenza, Guillain-Barré syndrome (GBS) (2016)

Filed 2015-09-18Decided 2016-03-23Vaccine Influenza
compensated$550,832

Case summary [AI summaries can sometimes make mistakes]

Kory Brimmer filed a petition on September 12, 2014, seeking compensation under the National Vaccine Injury Compensation Program. He alleged that he suffered Guillain-Barré syndrome (GBS) as a result of receiving an influenza vaccine on October 10, 2013, and that his vaccine-related injuries lasted more than six months.

The respondent denied that the influenza vaccination caused petitioner's GBS or any other injury. The parties subsequently reached a settlement agreement.

On August 21, 2015, a decision was issued awarding compensation based on a joint stipulation. The settlement included a lump sum payment of $534,427.87 to petitioner Kory Brimmer for all damages.

Later, on November 19, 2015, the parties filed a stipulation regarding attorneys' fees and costs. A decision on March 23, 2016, issued by Chief Special Master Nora Beth Dorsey, awarded $16,404.46 for attorney's fees and costs.

This amount was to be paid as a lump sum, jointly to the petitioner and his counsel, Amber Wilson of Maglio Christopher and Toale, PA. The total compensation awarded in this case was $550,832.33 ($534,427.87 for damages plus $16,404.46 for fees and costs).

The initial decision awarding damages was signed by Chief Special Master Denise Kathryn Vowell.

Theory of causation

Petitioner Kory Brimmer alleged that he suffered Guillain-Barré syndrome (GBS) as a result of receiving an influenza vaccine on October 10, 2013. Respondent denied causation. The parties reached a settlement, and compensation was awarded. The public decision does not describe the specific theory of causation, medical experts, onset, symptoms, tests, treatments, or the mechanism of injury. The case was resolved via stipulation. On August 21, 2015, Chief Special Master Denise Kathryn Vowell issued a decision awarding a lump sum of $534,427.87 for all damages. On March 23, 2016, Chief Special Master Nora Beth Dorsey awarded $16,404.46 for attorney's fees and costs, paid jointly to petitioner and counsel Amber Wilson. Total award: $550,832.33.

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