Robert Joiner v. HHS - Influenza, Guillain-Barré Syndrome (GBS) (2014)
Case summary [AI summaries can sometimes make mistakes]
Robert Joiner filed a petition on September 10, 2012, alleging that a trivalent influenza (flu) vaccination he received on October 16, 2009, 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 July 9, 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 $155,000.00, representing compensation for all damages available under 42 U.S.C. § 300aa-15(a). Special Master Moran also awarded $18,725.00 in attorneys' fees and costs, payable jointly to petitioner and his counsel, Diana Stadelnikas Sedar of Maglio, Christopher & Toale.
Petitioner had not personally incurred any out-of-pocket litigation expenses.
Theory of causation
Flu Oct 16, 2009 → GBS (Table vaccine). Joint stipulation Jul 9, 2014; respondent denied causation; SM Moran. $155,000. Fees $18,725 (Sedar, Maglio Christopher & Toale, Sarasota FL).
Source PDFs
USCOURTS-cofc-1_12-vv-00583