John Driscoll v. HHS - Influenza, severe sensory motor polyneuropathy (2015)

John Driscoll filed a petition on February 7, 2013, alleging that an influenza (flu) vaccination he received on September 22, 2011 caused him to develop severe sensory motor polyneuropathy and that he experienced the residual effects of this injury for more than six months. Respondent denied that the flu vaccine caused petitioner's polyneuropathy or any other injury, denied that his current disabilities are sequelae of this injury, and denied that he experienced residual effects for more than six months.

Nonetheless, both parties agreed to a joint stipulation filed November 5, 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 $130,000.00, representing compensation for all damages available under 42 U.S.C. § 300aa-15(a). The parties subsequently agreed to attorneys' fees and costs of $25,000.00, payable jointly to petitioner and his counsel, Danielle Strait of Maglio, Christopher & Toale, PA.

Petitioner had not personally incurred any out-of-pocket litigation expenses.