The Estate Of Margie D. Reineccius v. HHS - Influenza, Guillain-Barre Syndrome ("GBS") (2015)

The estate of Margie D. Reineccius, represented by Marcey A.

Blankenship as personal representative, filed a petition on December 22, 2011, seeking compensation under the National Vaccine Injury Compensation Program. The petition alleged that an influenza vaccine administered on or about February 2, 2012, caused Guillain-Barre Syndrome (GBS) and that Ms.

Reineccius experienced the effects of this injury for more than six months. The respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused Ms.

Reineccius's alleged GBS, any other injury, or her death. Despite maintaining their positions, both parties agreed to settle the issues.

Special Master Brian H. Corcoran reviewed the file and adopted the parties' stipulation as his decision.

The stipulation awarded a lump sum of $325,000.00, payable to the petitioner as the legal representative of the estate, as compensation for all damages. Subsequently, on May 20, 2015, counsel for both parties filed a joint stipulation regarding attorney's fees and costs.

Special Master Corcoran approved this stipulation, awarding a total of $24,050.10 for fees and costs. This amount included $22,271.10 for attorneys' fees and costs for the law firm Maglio, Christopher and Toale, PA, and $1,779.00 for out-of-pocket costs incurred by the petitioner.

The total award to the estate was $349,050.10 ($325,000.00 in damages plus $24,050.10 for fees and costs). Petitioner counsel was Isaiah R.

Kalinowski of Maglio Christopher and Toale, PA, and respondent counsel was Traci R. Patton of the U.S.

Department of Justice. The public decision does not describe the onset of symptoms, specific medical tests, treatments, or the mechanism of causation.