Leslie Hammond v. HHS - Influenza, Guillain-Barré Syndrome (GBS) (2016)
Case summary [AI summaries can sometimes make mistakes]
Leslie Hammond filed a petition for compensation under the National Vaccine Injury Compensation Program on January 26, 2015, alleging he suffered Guillain-Barré Syndrome (GBS) after receiving an influenza vaccine on September 19, 2013. The petition stated that the vaccination occurred in the United States, that the effects of the injury lasted more than six months, and that no prior compensation had been received for the injury.
The respondent, the Secretary of Health and Human Services, denied that the influenza vaccine caused Mr. Hammond's GBS or any other injury.
Despite these opposing positions, the parties reached a joint stipulation for damages, which was filed on December 10, 2015. Chief Special Master Nora Beth Dorsey found the stipulation reasonable and adopted it as the decision of the Court.
The stipulation provided for a lump sum payment of $200,000.00, payable to Mr. Hammond.
Additionally, an amount sufficient to purchase an annuity contract was to be paid to a life insurance company. This annuity would provide payments of $5,677.70 per month for life.
The parties also stipulated to an award of attorneys' fees and costs in the amount of $22,241.44, which was approved by Chief Special Master Dorsey in a separate decision on May 3, 2016. The total award, including the lump sum, annuity, and fees, was structured to compensate for all damages available under the Vaccine Act.
The case was resolved through these stipulations, with judgment to be entered in accordance with the agreements. Petitioner counsel was Lawrence Cohan of Anapol Weiss, and respondent counsel was Christine Becer of the U.S.
Department of Justice.
Theory of causation
Leslie Hammond filed a petition alleging Guillain-Barré Syndrome (GBS) following an influenza vaccination on September 19, 2013. The respondent denied causation. The parties reached a joint stipulation for damages and attorneys' fees. The stipulation was adopted by Chief Special Master Nora Beth Dorsey. The award included a $200,000.00 lump sum, an annuity providing $5,677.70 per month for life, and $22,241.44 for attorneys' fees and costs. The case was resolved via stipulation, and the public decision does not detail specific medical experts, clinical findings, or a detailed mechanism of injury beyond the general inclusion of influenza vaccine and GBS in the Vaccine Injury Table.
Source PDFs
USCOURTS-cofc-1_15-vv-00072