Nancy J. Pass v. HHS - Influenza, Guillain-Barre Syndrome (2014)
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).
Source PDFs
USCOURTS-cofc-1_12-vv-00418