Virginia Arlotta v. HHS - Influenza, Guillain-Barre Syndrome (2015)

Filed 2012-04-05Decided 2015-04-24Vaccine Influenza
compensated$50,000

Case summary [AI summaries can sometimes make mistakes]

Virginia Arlotta filed a petition on April 5, 2012, alleging that an influenza vaccination she received on October 18, 2010 caused her to develop Guillain-Barré Syndrome (GBS), with residual effects lasting more than six months. Respondent denied that the flu vaccination caused petitioner's GBS or any other injury.

Nonetheless, both parties agreed in a stipulation filed November 5, 2014 to settle the case. Special Master Gowen found the stipulation reasonable and adopted it as the decision of the Court.

Petitioner received a lump sum of $50,000.00, representing compensation for all damages available under 42 U.S.C. § 300aa-15(a). On March 31, 2015, the parties filed a stipulation for attorneys' fees and costs.

Special Master Gowen awarded $53,836.71, payable jointly to petitioner and her counsel, Ronald Homer of Conway, Homer & Chin-Caplan, P.C., and $163.29, payable to petitioner alone, representing litigation costs she personally incurred.

Theory of causation

Flu Oct 18, 2010 → GBS. Stipulation Nov 5, 2014; respondent denied causation; SM Gowen. $50,000. Fees $53,836.71 + $163.29 personal costs = $54,000 (Homer, Conway Homer & Chin-Caplan, Boston MA).

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