Wayne Strahan v. HHS - Influenza, Guillian-Barre syndrome (2015)
Case summary [AI summaries can sometimes make mistakes]
Wayne Strahan filed a petition on August 14, 2012, alleging that an influenza vaccination he received on September 13, 2010 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 December 3, 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 $75,000.00, representing compensation for all damages available under 42 U.S.C. § 300aa-15(a). On January 8, 2015, the parties filed a stipulation of attorneys' fees and costs.
Special Master Gowen awarded $21,750.00, payable jointly to petitioner and his counsel, David John Rodman Caldwell Jr. of Maglio Christopher & Toale, P.A. Petitioner had not personally incurred any out-of-pocket litigation costs.
Theory of causation
Flu Sep 13, 2010 → GBS. Stipulation Dec 3, 2014; respondent denied causation; SM Gowen. $75,000. Fees $21,750 (Caldwell Jr., Maglio Christopher & Toale, Sarasota FL). All DB fields correct.
Source PDFs
USCOURTS-cofc-1_12-vv-00542