Lashell Moses-Batts v. HHS - Influenza, Guillain-Barré syndrome (GBS) (2014)
Case summary [AI summaries can sometimes make mistakes]
Lashell Moses-Batts filed a petition on October 7, 2014, seeking compensation under the National Vaccine Injury Compensation Program. She alleged that on or about September 9, 2009, she received a trivalent influenza vaccine and subsequently developed Guillain-Barré syndrome (GBS), experiencing residual effects for more than six months.
The respondent denied that the flu vaccine caused Petitioner's GBS or any other injury, and also denied that Petitioner experienced residual effects for more than six months. Despite these denials, both parties agreed to settle the case through a stipulation filed on October 3, 2014.
Special Master Brian H. Corcoran reviewed the stipulation and found it to be reasonable, adopting it as the court's decision.
Petitioner was awarded a lump sum of $75,000.00 for all damages. Subsequently, on October 16, 2014, the parties filed a second stipulation regarding attorneys' fees and costs.
They agreed that Petitioner's counsel, Maglio Christopher and Toale, should receive $23,315.97. Special Master Corcoran approved this amount as reasonable and ordered judgment to be entered.
The public decision does not describe the onset of symptoms, specific medical tests, treatments, or the mechanism of causation. Petitioner was represented by Altom Maglio of Maglio Christopher and Toale, and later by Anne Toale of the same firm.
Respondent was represented by Justine Daigneault of the U.S. Department of Justice.
Theory of causation
Petitioner Lashell Moses-Batts alleged that a trivalent influenza vaccine administered on or about September 9, 2009, caused her to develop Guillain-Barré syndrome (GBS) with residual effects lasting more than six months. Respondent denied causation. The parties settled the case via stipulation, with Special Master Brian H. Corcoran adopting the stipulation as his decision. Petitioner was awarded $75,000.00 for all damages. Attorneys' fees and costs of $23,315.97 were awarded jointly to Petitioner and her counsel, Anne Toale, on October 16, 2014. The public decision does not detail the specific theory of causation, medical experts, or the mechanism by which the vaccine allegedly caused GBS.
Source PDFs
USCOURTS-cofc-1_12-vv-00406