Tyrone A. Prince v. HHS - Influenza, Guillain-Barre Syndrome (GBS) (2014)

Filed 2013-03-08Decided 2014-06-03Vaccine Influenza
compensated$85,000

Case summary [AI summaries can sometimes make mistakes]

Tyrone A. Prince filed a petition on March 8, 2013, alleging that an influenza (flu) vaccination he received on October 3, 2011 caused him to develop Guillain-Barré syndrome (GBS) and that he 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 May 9, 2014 to settle the case.

Special Master Gowen found the stipulation reasonable and adopted it as the decision of the Court in a single combined decision addressing both damages and attorneys' fees. Petitioner received a lump sum of $85,000.00, representing compensation for all damages available under 42 U.S.C. § 300aa-15(a).

Attorneys' fees and costs of $13,154.99 were awarded jointly to petitioner and his counsel, Anne Toale of Maglio Christopher and Toale. Petitioner had not personally incurred any out-of-pocket litigation expenses.

Theory of causation

Flu Oct 3, 2011 → GBS (residual >6 months). Joint stipulation May 9, 2014; SM Gowen (single combined decision). Comp $85,000. Fees $13,154.99 (Toale, Maglio Christopher and Toale, Sarasota FL).

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