Carlos Rivera v. HHS - Influenza, Guillain-Barre Syndrome (2014)

Carlos Rivera filed a petition on August 31, 2011, alleging that an influenza vaccination he received on September 25, 2009 caused him to develop Guillain-Barré syndrome, with residual effects lasting more than six months. On April 15, 2014, the parties filed a joint stipulation.

Respondent denied that the flu vaccine caused petitioner's GBS or any other injury, and further denied that petitioner's current disabilities are sequelae of a vaccine-related injury. Nonetheless, the parties agreed to settle the case, and Special Master Gowen adopted the stipulation as the decision of the Court.

In the same decision, the Special Master awarded $160,718.00 as compensation for all damages available under 42 U.S.C. § 300aa-15(a), payable to petitioner, and $39,408.42 in attorneys' fees and costs pursuant to § 300aa-15(e), payable jointly to petitioner and his counsel, F. John Caldwell Jr. of Maglio, Christopher & Toale.

Petitioner did not incur any out-of-pocket expenses.