Miranda Laird v. HHS - Influenza, Guillain-Barre Syndrome (GBS) (2016)

Filed 2015-11-19Decided 2016-03-23Vaccine Influenza
compensated$171,689

Case summary [AI summaries can sometimes make mistakes]

Miranda Laird filed a petition for compensation under the National Vaccine Injury Compensation Program on May 6, 2015, alleging that she suffered Guillain-Barre Syndrome (GBS) as a result of an influenza vaccination she received on October 17, 2013. The petition stated that she experienced residual effects of the injury for more than six months and had not filed a civil action or received prior compensation for the condition.

The respondent, the Secretary of Health and Human Services, denied that the influenza vaccine caused petitioner's alleged injury and residual effects. Despite this denial, the parties filed a joint stipulation on November 18, 2015, agreeing to a settlement.

Chief Special Master Nora Beth Dorsey adopted the stipulation, awarding Miranda Laird a lump sum of $150,000.00 for all damages available under the Vaccine Act. This amount was to be paid in the form of a check payable to petitioner.

The public decision does not describe the specific onset of symptoms, medical tests, or treatments. On November 23, 2015, the parties filed a further stipulation regarding attorneys' fees and costs.

Chief Special Master Dorsey issued a decision on March 23, 2016, awarding $21,689.09 for attorneys' fees and costs, to be paid as a lump sum in a check jointly payable to petitioner and her counsel, Alison H. Haskins.

The total compensation awarded to Miranda Laird was $171,689.00. The case was compensated based on the joint stipulation of the parties.

Petitioner was represented by Alison H. Haskins of Maglio Christopher and Toale, PA, and respondent was represented by Voris Edward Johnson of the U.S.

Department of Justice.

Theory of causation

Petitioner Miranda Laird alleged that her Guillain-Barre Syndrome (GBS) was caused-in-fact by an influenza vaccine received on October 17, 2013. The respondent denied causation. The parties entered into a joint stipulation for settlement, agreeing to an award of $150,000.00 for all damages. The stipulation stated that the influenza vaccine is contained in the Vaccine Injury Table. The public text does not detail the specific mechanism of injury, expert testimony, or competing medical theories. The award was based on the stipulation, not a finding of causation by the Special Master. Attorneys' fees and costs of $21,689.09 were awarded separately, bringing the total compensation to $171,689.00. Chief Special Master Nora Beth Dorsey issued the decision on the stipulation on February 23, 2016, and the decision on attorneys' fees and costs on March 23, 2016. Petitioner was represented by Alison H. Haskins, and respondent by Voris Edward Johnson.

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