Arnold Johnson v. HHS - Influenza, Guillain-Barré syndrome (2015)

Filed 2013-01-15Decided 2015-02-05Vaccine Influenza
compensated$140,000

Case summary [AI summaries can sometimes make mistakes]

Arnold Johnson filed a petition on January 15, 2013, alleging that an influenza (flu) vaccination he received on September 27, 2011 caused him to develop Guillain-Barré syndrome (GBS). Respondent denied that the flu vaccine caused petitioner's GBS or any other injury, and denied that his current disabilities are sequelae of a vaccine-related injury.

Nonetheless, both parties agreed in a stipulation filed October 30, 2014 to settle the case. Special Master Hamilton-Fieldman found the stipulation reasonable and adopted it as the decision of the Court.

Petitioner received a lump sum of $140,000.00, representing compensation for all remaining damages available under 42 U.S.C. § 300aa-15(a). The parties subsequently agreed to attorneys' fees and costs of $26,000.00, payable jointly to petitioner and his counsel, F.

John Caldwell of Maglio, Christopher & Toale, PA. Petitioner had not personally incurred any out-of-pocket litigation expenses.

Theory of causation

Flu Sep 27, 2011 → GBS. Stipulation Oct 30, 2014; SM Hamilton-Fieldman. Comp $140,000 ('all remaining damages'). Fees $26,000 (Caldwell, Maglio Christopher & Toale PA, Sarasota FL).

Source PDFs 2 total · 2 downloaded