Rita Stauffer v. HHS - Influenza, Guillain-Barré Syndrome (GBS) (2015)

Rita Stauffer filed a petition on February 1, 2013, alleging that an influenza (flu) vaccination she received on September 6, 2011 caused her to develop Guillain-Barré syndrome (GBS). Petitioner further alleged that she suffered the residual effects of this injury for more than six months.

Respondent denied that the flu vaccine caused petitioner to suffer GBS or any other injury. Nonetheless, both parties agreed to a joint stipulation filed December 17, 2014 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 $110,000.00, representing compensation for all damages available under 42 U.S.C. § 300aa-15(a).

In addition, a separate payment of $10,596.52 was made jointly to petitioner and the Pennsylvania Department of Public Welfare to reimburse the Commonwealth's Medicaid lien. The parties subsequently agreed to attorneys' fees and costs of $24,490.00, payable jointly to petitioner and her counsel, Danielle A.

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