John Wanket v. HHS - Influenza, Guillain-Barré Syndrome (GBS) (2014)
Case summary [AI summaries can sometimes make mistakes]
John Wanket filed a petition for compensation under the National Vaccine Injury Compensation Program on September 5, 2014, alleging that he suffered from Guillain-Barré Syndrome (GBS) caused by an influenza vaccine received on September 14 or 15, 2011. He further alleged that he experienced residual effects of this injury for more than six months.
The respondent denied that the flu vaccine caused Mr. Wanket's GBS or any other injury.
The parties, through their counsel Isaiah R. Kalinowski for the petitioner and Voris E.
Johnson, Jr. for the respondent, agreed to resolve the matter informally through a stipulation of fact. Special Master Laura D.
Millman issued a decision on September 30, 2014, adopting the parties' stipulation. The court awarded Mr.
Wanket a lump sum of $163,538.36 as compensation for all damages. Separately, on September 26, 2014, Special Master Millman awarded $28,300.00 for attorneys' fees and costs, payable jointly to Mr.
Wanket and his attorneys, Maglio, Christopher & Toale, P.A. The public decision does not describe the onset of symptoms, specific medical tests, treatments, or the mechanism of causation.
Theory of causation
Petitioner John Wanket alleged that he suffered Guillain-Barré Syndrome (GBS) caused by an influenza vaccine received on September 14 or 15, 2011, and experienced residual effects for more than six months. Respondent denied causation. The parties resolved the case via a stipulation of fact. The public decision does not detail the specific theory of causation, medical experts, or the mechanism of injury. Special Master Laura D. Millman awarded a lump sum of $163,538.36 for damages and $28,300.00 for attorneys' fees and costs, payable jointly to petitioner and his counsel, Maglio, Christopher & Toale, P.A. The decision was issued on September 30, 2014, based on stipulations filed September 5 and 9, 2014. Attorneys for the parties were Isaiah R. Kalinowski for petitioner and Voris E. Johnson, Jr. for respondent.
Source PDFs
USCOURTS-cofc-1_12-vv-00755