Stephen Lesicko v. HHS - Influenza, Guillain-Barré Syndrome (2016)
Case summary [AI summaries can sometimes make mistakes]
Stephen Lesicko filed a petition for compensation under the National Vaccine Injury Compensation Program on August 17, 2016, alleging that he suffered from Guillain-Barré Syndrome (GBS) as a result of receiving an influenza vaccine on January 6, 2015. Mr.
Lesicko stated that the vaccine was administered in the United States and that he experienced residual effects of his injury for more than six months. He also affirmed that there had been no prior award or settlement of a civil action for damages related to his condition.
The respondent, the Secretary of Health and Human Services, denied that the flu vaccination caused petitioner's alleged injuries or his current condition. Despite the respondent's denial, on August 16, 2016, the parties filed a joint stipulation agreeing that compensation should be awarded.
Chief Special Master Nora Beth Dorsey reviewed the stipulation and found it reasonable, adopting it as the decision of the Court. Under the terms of the stipulation, Stephen Lesicko was awarded a lump sum of $140,000.00, payable by check to him, as compensation for all items of damages available under the Vaccine Act.
The decision was issued on October 31, 2016. Petitioner was represented by Maximillian J.
Muller of Muller Brazil, LLP, and respondent was represented by Alexis B. Babcock of the U.S.
Department of Justice.
Theory of causation
Stephen Lesicko filed a petition alleging Guillain-Barré Syndrome (GBS) following an influenza vaccine administered on January 6, 2015. The respondent denied causation. The parties filed a joint stipulation for compensation, which was adopted by Chief Special Master Nora Beth Dorsey. The public text does not describe the specific theory of causation, medical experts, onset of symptoms, diagnostic tests, treatments, or the mechanism of injury. Mr. Lesicko was awarded $140,000.00 as a lump sum for all damages. The decision date was October 31, 2016. Petitioner's counsel was Maximillian J. Muller, and respondent's counsel was Alexis B. Babcock.
Source PDFs
USCOURTS-cofc-1_15-vv-01581