Tyrelle Cating v. HHS - Influenza, Guillain-Barre Syndrome (2014)

Tyrelle Cating filed a petition on August 14, 2012, alleging that an influenza vaccination he received on October 28, 2009 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 stipulation filed August 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 $175,000.00, representing compensation for all damages available under 42 U.S.C. § 300aa-15(a). On September 12, 2014, the parties filed a stipulation of attorneys' fees and costs.

Special Master Gowen awarded $24,750.00, payable jointly to petitioner and his counsel, Leah VaDell Kalinowski of Maglio Christopher & Toale, P.A. Petitioner had not personally incurred any out-of-pocket litigation costs.