Delores Criswell v. HHS - Influenza, Guillain-Barré syndrome and/or Chronic Inflammatory Demyelinating Polyneuropathy (2014)

On January 29, 2013, Delores Criswell filed a petition under the National Vaccine Injury Compensation Program, alleging that an influenza vaccination received on September 22, 2011, caused her to develop Guillain-Barré syndrome (GBS) and/or chronic inflammatory demyelinating polyneuropathy (CIDP). The respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused petitioner's alleged injuries.

Despite maintaining their respective positions, both parties agreed to a stipulation to settle the case. Special Master Lisa Hamilton-Fieldman reviewed the stipulation and found it reasonable, adopting it as the decision of the Court.

Petitioner was awarded a lump sum of $40,000.00, representing compensation for all damages available under 42 U.S.C. § 300aa-15(a). Subsequently, the parties filed a stipulation concerning attorneys' fees and costs.

The parties agreed to an award of $24,500.00 for attorneys' fees and costs, which Special Master Hamilton-Fieldman found to be reasonable and appropriate. This amount was awarded in the form of a check made payable jointly to Petitioner Delores Criswell and her counsel, Isaiah Kalinowski of Maglio, Christopher & Toale, PA.

The public decision does not describe the onset of symptoms, specific medical tests, treatments, or the proposed mechanism of causation.