Jan Gaynor v. HHS - Influenza, Guillain-Barrè syndrome (2014)

Jan Gaynor filed a petition on November 29, 2010, alleging that an influenza vaccination she received on November 14, 2008 caused her to develop Guillain-Barré syndrome. Respondent denied that the influenza vaccination caused petitioner's GBS or any other injury.

Nevertheless, the parties agreed in a stipulation filed August 12, 2014 that the issues could be settled and that compensation should be awarded. Special Master Hamilton-Fieldman found the stipulation reasonable and adopted it as the decision of the Court.

Petitioner received a lump sum of $125,000.00, representing all damages available under 42 U.S.C. § 300aa-15(a). On September 3, 2014, the parties filed a stipulation for attorneys' fees and costs.

Special Master Hamilton-Fieldman awarded $54,328.00, payable jointly to petitioner and her counsel, Diana Stadelnikas Sedar, Esq., of Maglio, Christopher & Toale, PA. Petitioner had not personally incurred any litigation costs.