William Moyer v. HHS - Influenza, Guillain-Barre Syndrome (GBS) (2016)
Case summary [AI summaries can sometimes make mistakes]
William Moyer filed a petition for compensation under the National Vaccine Injury Compensation Program on October 17, 2014, alleging that he suffered Guillain-Barre Syndrome (GBS) caused by an influenza vaccine administered on October 21, 2011. Mr.
Moyer alleged that his vaccine was administered in the United States, that he experienced residual effects lasting more than six months, and that there had been no prior award or settlement for damages. The respondent denied that the flu vaccine caused petitioner's GBS or any other injury.
Despite the respondent's denial, the parties reached a settlement. On July 28, 2015, Chief Special Master Denise Kathryn Vowell adopted the parties' joint stipulation, awarding Mr.
Moyer a lump sum of $135,000.00 for all damages. The decision noted that the public text does not describe the specific onset of symptoms, diagnostic tests, or treatments.
Subsequently, on January 6, 2016, the parties filed a stipulation concerning attorneys' fees and costs. On May 3, 2016, Chief Special Master Nora Beth Dorsey approved the stipulation, awarding $18,704.25 in fees and costs to petitioner's counsel, Ramon Rodriguez, III, and $795.75 to Mr.
Moyer for his out-of-pocket expenses. The total compensation awarded was $154,500.00.
Petitioner was represented by Ramon Rodriguez, III of Rawls, McNelis and Mitchell, P.C. Respondent was represented by Julia Wernett McInerney of the U.S.
Department of Justice.
Theory of causation
William Moyer filed a petition alleging Guillain-Barre Syndrome (GBS) caused by an influenza vaccine administered on October 21, 2011. The respondent denied causation. The parties reached a settlement, and compensation was awarded based on a joint stipulation. The public decision does not detail the specific theory of causation, medical experts, or the mechanism by which the vaccine allegedly caused GBS. The settlement included a lump sum of $135,000.00 for all damages, plus $18,704.25 in attorneys' fees and costs to petitioner's counsel, Ramon Rodriguez, III, and $795.75 in out-of-pocket expenses to the petitioner, for a total award of $154,500.00. The initial decision on damages was issued by Chief Special Master Denise Kathryn Vowell on July 28, 2015, and the decision on attorneys' fees and costs was issued by Chief Special Master Nora Beth Dorsey on May 3, 2016.
Source PDFs
USCOURTS-cofc-1_14-vv-01008