Garrell Noah v. HHS - Influenza, Guillain-Barré syndrome (GBS) (2014)

On March 8, 2013, Petitioner Garrell Noah filed a petition under the National Vaccine Injury Compensation Program, alleging that an influenza (flu) vaccination caused him to develop Guillain-Barré syndrome (GBS). Respondent denied that the flu vaccine caused Petitioner's GBS or any other injury.

The parties subsequently entered into a joint stipulation on July 23, 2014, to settle the case while maintaining their respective positions. Special Master Brian H.

Corcoran reviewed the stipulation and found it reasonable, adopting it as the decision of the court. Petitioner was awarded a lump sum of $150,000.00, representing compensation for all damages available under 42 U.S.C. § 300aa-15(a).

Petitioner was represented by Isaiah R. Kalinowski of Maglio, Christopher & Toale.

Respondent was represented by Althea W. Davis of the U.S.

Department of Justice. Later, on October 2, 2014, the parties filed a stipulation regarding attorneys' fees and costs.

They agreed that Petitioner's counsel should receive a lump sum of $20,939.44, payable jointly to Petitioner and his counsel. Petitioner represented that he had not incurred any out-of-pocket litigation expenses.

Special Master Corcoran approved this stipulation for attorneys' fees and costs as reasonable. The award for fees and costs was to be made in the form of a check payable jointly to Petitioner and Isaiah Kalinowski, Esq., and forwarded to the main office of Maglio, Christopher & Toale.

The public decision does not describe the onset of symptoms, specific clinical details, medical tests, or treatments. The specific mechanism of causation was not detailed in the public decision.