Shishpal Purewal v. HHS - Hepatitis A, Guillain-Barré Syndrome (“GBS”) (2014)
Case summary [AI summaries can sometimes make mistakes]
Shishpal Purewal filed a petition on April 18, 2011, alleging that a hepatitis A vaccination he received on October 29, 2009 caused him to develop Guillain-Barré syndrome, with residual effects lasting more than six months. On April 17, 2014, respondent filed a joint stipulation.
Respondent denied that the hepatitis A vaccination caused petitioner's GBS, his current condition, or any other injury. Nevertheless, the parties agreed to the joint stipulation, and Special Master Moran found the stipulation reasonable and adopted it as the decision of the Court.
Petitioner received a lump sum of $15,000.00, representing compensation for all damages available under 42 U.S.C. § 300aa-15(a). On July 29, 2014, petitioner filed a stipulation for attorneys' fees and costs requesting $29,792.88, an amount to which respondent did not object.
Special Master Moran awarded $29,792.88, payable jointly to petitioner and his counsel, Isaiah Kalinowski, of Maglio, Christopher & Toale. The award was noted to be relatively higher than typical cases because counsel had to obtain medical records from India.
Petitioner incurred no personal out-of-pocket litigation expenses.
Theory of causation
Hep A vaccine Oct 29, 2009 → GBS. Joint stipulation April 17, 2014; respondent denied causation; SM Moran. $15,000. Fees $29,792.88 (SM Moran Aug 1, 2014; higher than typical due to India medical records). decision_date corrected: '2014-05-16' → '2014-08-28' (granule 1 date_issued; DB had damages decision date).