Sherrie A. Rasmussen v. HHS - Influenza, Guillain-Barré Syndrome (2014)

Filed 2013-02-26Decided 2014-11-05Vaccine Influenza
compensated$60,000

Case summary [AI summaries can sometimes make mistakes]

Sherrie A. Rasmussen filed a petition on February 26, 2013, alleging that an influenza (flu) vaccination she received on September 5, 2011 caused her to develop Guillain-Barré syndrome (GBS) and that she experienced the residual effects of this injury for more than six months.

Respondent denied that the flu vaccine caused petitioner's GBS or any other injury. Nonetheless, both parties agreed to a joint stipulation filed October 9, 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 $60,000.00, representing compensation for all damages available under 42 U.S.C. § 300aa-15(a).

The parties subsequently agreed to attorneys' fees and costs of $22,000.00, payable jointly to petitioner and her counsel, Diana S. Sedar of Maglio Christopher & Toale.

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

Theory of causation

Flu Sep 5, 2011 → GBS (residual >6 months). Joint stipulation Oct 9, 2014; SM Moran. Comp $60,000. Fees $22,000 (Sedar, Maglio Christopher & Toale, Sarasota FL).

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