Robert Wiggins v. HHS - Influenza, Guillain-Barré syndrome (2015)

Robert Wiggins filed a petition on April 1, 2013, alleging that an influenza (flu) vaccination he received in late February to early March 2011 caused him to develop Guillain-Barré syndrome (GBS). The vaccination date was disputed; Special Master Hamilton-Fieldman held a fact hearing on April 9, 2014 and ruled from the bench that the vaccination occurred in late February to early March 2011.

Respondent denied that the flu vaccine caused petitioner's GBS or any other injury. Nonetheless, both parties agreed to a joint stipulation filed January 29, 2015 to settle the case.

Special Master Hamilton-Fieldman 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 $140,000.00, representing compensation for all damages available under 42 U.S.C. § 300aa-15(a).

Attorneys' fees and costs of $26,000.00 were awarded jointly to petitioner and his counsel, Danielle A. Strait of Maglio, Christopher, and Toale, P.A.

Petitioner also received $258.72 for personally incurred out-of-pocket costs in pursuit of the petition.