Delores Criswell v. HHS - Influenza, Guillain-Barré syndrome and/or Chronic Inflammatory Demyelinating Polyneuropathy (2014)
Case summary [AI summaries can sometimes make mistakes]
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.
Theory of causation
Petitioner Delores Criswell alleged that an influenza vaccine administered on September 22, 2011, caused her to develop Guillain-Barré syndrome (GBS) and/or chronic inflammatory demyelinating polyneuropathy (CIDP). The respondent denied causation. The parties entered into a stipulation to settle the case. Special Master Hamilton-Fieldman adopted the stipulation, awarding Petitioner $40,000.00 for all damages under 42 U.S.C. § 300aa-15(a). A subsequent stipulation addressed attorneys' fees and costs, resulting in an award of $24,500.00, payable jointly to Petitioner and her counsel, Isaiah Kalinowski of Maglio, Christopher & Toale, PA. The public decision does not detail the specific medical experts, evidence, or the proposed mechanism of injury.
Source PDFs
USCOURTS-cofc-1_13-vv-00074