Valente C Sanchez v. HHS - Influenza, Guillain-Barré Syndrome (“GBS”) (2014)

Valente C. Sanchez filed a petition on October 6, 2011, alleging that an influenza vaccination he received on March 15, 2010 caused him to develop Guillain-Barré syndrome (GBS), with symptoms lasting more than six months.

The flu vaccine was administered outside the United States; for purposes of settlement, respondent did not dispute that the requirements of 42 U.S.C. § 300aa-11(c)(1)(B)(i)(III) had been met. On August 11, 2014, the parties filed a joint stipulation.

Respondent denied that the flu vaccination caused petitioner's GBS, any other injury, or his current disabilities. Nonetheless, the parties agreed to resolve the case through stipulation, and Special Master Moran found the stipulation reasonable and adopted it as the decision of the Court.

Petitioner received a lump sum of $150,000.00, representing compensation for all damages available under 42 U.S.C. § 300aa-15(a). On August 11, 2014, the parties also filed a stipulation for attorneys' fees and costs.

Special Master Moran awarded $32,500.00, payable jointly to petitioner and his counsel, Diana S. Sedar of Maglio, Christopher & Toale, PA.

Petitioner incurred no out-of-pocket litigation expenses.