Aurora Calderon v. HHS - Influenza, Guillain-Barré syndrome (2015)

Aurora Calderon filed a petition on November 28, 2012, alleging that an influenza (flu) vaccination she received on December 4, 2009 caused her to develop Guillain-Barré Syndrome (GBS), with residual effects lasting more than six months. Respondent denied that the flu vaccine caused petitioner's alleged GBS or any other injury.

Nonetheless, both parties agreed in a stipulation filed January 20, 2015 to settle the case. Special Master Corcoran found the stipulations reasonable and adopted them as the decision of the Court.

Petitioner received a lump sum of $125,000.00, representing compensation for all remaining damages available under 42 U.S.C. § 300aa-15(a). In addition, respondent issued a separate lump sum of $15,421.95 to reimburse a New Mexico Medicaid lien (First Recovery Group LLC), jointly payable to petitioner for endorsement to the State of New Mexico.

Special Master Corcoran also awarded $8,991.79 in attorneys' fees and costs, payable jointly to petitioner and her counsel, Kelly D. Burdette of Burkett & Burdette.

Petitioner had not personally incurred any out-of-pocket litigation expenses.