Nancy J. Pass v. HHS - Influenza, Guillain-Barre Syndrome (2014)

Filed 2012-06-26Decided 2014-10-24Vaccine Influenza
compensated$25,000

Case summary [AI summaries can sometimes make mistakes]

Nancy J. Pass filed a petition on June 26, 2012, alleging that an influenza vaccination she received on or about October 21, 2011 caused her 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 June 25, 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 $25,000.00, representing compensation for all damages available under 42 U.S.C. § 300aa-15(a).

On September 26, 2014, the parties filed a stipulation of attorneys' fees and costs. Special Master Gowen awarded $25,500.00, payable jointly to petitioner and her counsel, F.

John Caldwell, Jr. of Maglio, Christopher & Toale, PA. Petitioner had not personally incurred any out-of-pocket litigation expenses.

Theory of causation

Flu Oct 21, 2011 → GBS. Joint stipulation Jun 25, 2014; respondent denied causation; SM Gowen. $25,000. Fees $25,500 (F. John Caldwell Jr., Maglio Christopher & Toale, Sarasota FL).

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