Gary Kramolis v. HHS - Influenza, Guillain-Barré syndrome (2014)

Gary Kramolis filed a petition on September 23, 2014, seeking compensation under the National Vaccine Injury Compensation Program. He alleged that he suffered from Guillain-Barré syndrome (GBS) as a result of receiving an influenza vaccine on October 7, 2011, and experienced residual effects lasting more than six months.

The respondent denied that the vaccine caused Mr. Kramolis's GBS or any other injuries or his current condition.

Despite maintaining their respective positions, both parties agreed to a stipulation for a decision awarding compensation, which was filed on September 23, 2014. A separate stipulation regarding attorneys' fees and costs was also filed on the same day.

Special Master Brian H. Corcoran reviewed the file and found the stipulations to be reasonable, adopting them as the decision.

The damages stipulation awarded a lump sum of $429,799.11, representing compensation for first year of life care expenses, lost earnings, pain and suffering, and past unreimbursed expenses, payable to the petitioner. Additionally, a lump sum of $12,525.03 was awarded to reimburse a State of Texas lien, payable jointly to the petitioner and AMERIGROUP.

An amount sufficient to purchase an annuity contract was also awarded. These damages represent compensation for all damages available under 42 U.S.C. § 300aa-15(a).

The attorneys' fees and costs stipulation awarded a lump sum of $27,432.39, payable jointly to the petitioner and his attorney, Franklin John Caldwell, Jr., for attorneys' fees and costs available under 42 U.S.C. § 300aa-15(e). Petitioner incurred no out-of-pocket litigation expenses.

The Special Master approved the awards as requested and directed the clerk of the court to enter judgment accordingly, in the absence of a motion for review.