John Gerard v. HHS - Influenza, Guillain-Barré Syndrome (2015)

John Gerard filed a petition on November 3, 2008, alleging that an influenza vaccine had caused him to develop Guillain-Barré syndrome and that he experienced residual effects for more than six months. He did not file a vaccination record.

On August 8, 2014, Special Master Dorsey issued Findings of Fact and Conclusions of Law determining, based on a preponderance of the evidence in the record, that Mr. Gerard had received a flu vaccination on or about November 11, 2005.

The parties filed a joint stipulation on August 13, 2015. Respondent denied that Mr.

Gerard received a flu vaccine in November 2005, denied that a flu vaccine caused his Guillain-Barré syndrome or any other injury, and denied that his current disabilities result from a vaccine-related injury. Nevertheless, the parties agreed to resolve the case through stipulation.

Special Master Dorsey found the stipulation reasonable and adopted it as the decision of the Court. Mr.

Gerard received a lump sum payment of $175,000.00 representing compensation for all damages available under 42 U.S.C. § 300aa-15(a). On August 17, 2015, the parties stipulated to an award of $82,460.65 in attorneys' fees and costs.

Mr. Gerard's counsel represented that he had not personally incurred any costs in pursuit of his claim.

Special Master Dorsey awarded $82,460.65 payable jointly to Mr. Gerard and his attorney, F.

John Caldwell, Jr., of Maglio Christopher & Toale.