Joseph Monteleone v. HHS - Influenza, Guillain-Barré Syndrome (GBS) (2014)

Filed 2012-07-23Decided 2014-05-01Vaccine Influenza
compensated$135,000

Case summary [AI summaries can sometimes make mistakes]

Joseph Monteleone filed a petition on July 23, 2012, alleging that an influenza vaccination he received on October 31, 2011, 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 $135,000.00, representing compensation for all damages available under 42 U.S.C. § 300aa-15(a). Special Master Moran also awarded $20,656.41 in attorneys' fees and costs, payable jointly to petitioner and his counsel, F.

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

Theory of causation

Flu Oct 31, 2011 → GBS (Table vaccine). Joint stipulation Apr 8, 2014; respondent denied causation; SM Moran. $135,000. Fees $20,656.41 (F. John Caldwell Jr., Maglio Christopher & Toale, Sarasota FL). All DB fields correct.

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