Patricia M. Abel v. HHS - Influenza, Guillain-Barre Syndrome (“GBS”) (2016)

Filed 2015-07-23Decided 2016-06-01Vaccine Influenza
compensated$927,435

Case summary [AI summaries can sometimes make mistakes]

Patricia M. Abel filed a petition on December 23, 2014, alleging that she suffered Guillain-Barre Syndrome (GBS) caused by an influenza vaccine administered on November 2, 2012.

The respondent denied that the flu immunization caused her alleged GBS. The parties reached a settlement, agreeing that the respondent would pay petitioner a lump sum of $156,436.22 to reimburse a State of Wisconsin Medicaid lien and an additional lump sum of $770,000.00 for all other damages, resulting in a total award of $927,435.22.

This decision was issued by Chief Special Master Denise Kathryn Vowell on June 1, 2016. Separately, on September 17, 2015, the parties filed a stipulation concerning attorneys' fees and costs.

Chief Special Master Nora Beth Dorsey issued a decision on June 1, 2016, awarding attorneys' fees and costs in the stipulated amount of $30,999.20, payable as a lump sum in the form of a check jointly to petitioner Patricia M. Abel and her counsel, Lynn R.

Laufenberg. Petitioner's counsel represented that petitioner incurred no out-of-pocket expenses.

The public decision does not describe the onset of symptoms, specific medical tests, treatments, or the mechanism of causation. Petitioner was represented by Lynn R.

Laufenberg of Laufenberg, Jassak & Laufenberg, S.C., and respondent was represented by Gordon Shemin of the U.S. Department of Justice.

Theory of causation

Petitioner Patricia M. Abel alleged that an influenza vaccine administered on November 2, 2012, caused her Guillain-Barre Syndrome (GBS). Respondent denied causation. The parties reached a joint stipulation for settlement. 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 resulted in a total award of $927,435.22, comprising $156,436.22 for a Medicaid lien and $770,000.00 for all other damages. Attorneys' fees and costs were awarded separately in the amount of $30,999.20. The damages stipulation was approved by Chief Special Master Denise Kathryn Vowell on June 1, 2016, and the attorneys' fees stipulation was approved by Chief Special Master Nora Beth Dorsey on June 1, 2016.

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