Ellen Best v. HHS - Influenza, Guillain-Barre Syndrome (2014)

Ellen Best filed a petition on October 30, 2012, alleging that an influenza vaccination she received on October 4, 2010 caused her to develop Guillain-Barré Syndrome (GBS), with residual effects lasting more than six months. Following Ms.

Best's death, her husband Donald Best was substituted as the sole heir and continued the case. Respondent denied that the flu vaccine caused Ms.

Best's GBS or any other injury. Nonetheless, both parties agreed in a stipulation filed August 26, 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 $7,500.00, representing compensation for all damages available under 42 U.S.C. § 300aa-15(a).

On October 3, 2014, the parties filed a stipulation of attorneys' fees and costs. Special Master Gowen awarded $32,000.00, payable jointly to petitioner and his counsel, Anne C.

Toale of Maglio Christopher & Toale, P.A. Petitioner had not personally incurred any out-of-pocket litigation costs.