David Wallace v. HHS - Influenza, Guillian-Barré Syndrome (GBS) (2015)
Case summary [AI summaries can sometimes make mistakes]
David Wallace filed a petition on December 17, 2012, alleging that an influenza (flu) vaccination he received between October 7 and October 14, 2011 caused him to develop Guillain-Barré Syndrome (GBS). The flu vaccine is contained in the Vaccine Injury Table.
Respondent denied that the flu vaccine caused petitioner to suffer GBS or any other injury. Nonetheless, both parties agreed to a joint stipulation filed June 3, 2015 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 $225,000.00, representing compensation for all damages available under 42 U.S.C. § 300aa-15(a).
Petitioner subsequently applied for attorneys' fees and costs, and Special Master Moran awarded $35,912.50, payable to petitioner and his counsel, Danielle A. Strait of Maglio, Christopher & Toale, PA.
Petitioner had not incurred any out-of-pocket litigation expenses.
Theory of causation
Flu Oct 7-14, 2011 → GBS (Table). Joint stipulation Jun 3, 2015; SM Moran. Comp $225,000. Fees $35,912.50 (Strait, Maglio Christopher & Toale PA, Washington DC).
Source PDFs
USCOURTS-cofc-1_12-vv-00888