Daniel Mireles v. HHS - Influenza, Guillain-Barré Syndrome (2014)
Case summary [AI summaries can sometimes make mistakes]
Daniel Mireles filed a petition on June 22, 2012, alleging that an influenza vaccination he received on September 30, 2010, a vaccine contained in the Vaccine Injury Table, caused him to develop Guillain-Barré Syndrome (GBS), with residual effects lasting more than six months. Respondent denied that the flu vaccine caused petitioner's GBS or any other injury.
Nonetheless, both parties agreed in a joint stipulation filed April 8, 2014 to settle the case. Special Master Moran found the stipulation reasonable and adopted it as the decision of the Court.
Petitioner received a lump sum of $165,360.00, representing compensation for all damages available under 42 U.S.C. § 300aa-15(a). On August 1, 2014, petitioner filed a stipulation of fact concerning attorneys' fees and costs.
Special Master Moran awarded $27,442.45, payable jointly to petitioner and his counsel, Isaiah Kalinowski of Maglio, Christopher & Toale, PA. Petitioner had not incurred any out-of-pocket litigation expenses.
Theory of causation
Flu Sep 30, 2010 → GBS (Table vaccine). Joint stipulation Apr 8, 2014; respondent denied causation; SM Moran. $165,360. Fees $27,442.45 (Kalinowski, Maglio Christopher & Toale, Washington DC).
Source PDFs
USCOURTS-cofc-1_12-vv-00407