James Demoski v. HHS - Influenza, Guillain-Barré Syndrome (GBS) (2015)

James Demoski filed a petition on April 23, 2013, seeking compensation under the National Vaccine Injury Compensation Program. He alleged that a trivalent influenza vaccine he received on December 7, 2010, caused him to develop Guillain-Barré Syndrome (GBS) and its sequelae.

The respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused Mr. Demoski's GBS or any other injury.

Despite these opposing positions, both parties entered into a joint stipulation on December 15, 2014, to settle the case. Special Master Brian H.

Corcoran reviewed the stipulation and found it to be reasonable, adopting it as the decision of the court. The stipulation awarded Mr.

Demoski a lump sum of $245,000.00, representing compensation for all damages available under 42 U.S.C. § 300aa-15(a). Subsequently, on May 20, 2015, the parties filed another stipulation regarding attorney's fees and costs.

Petitioner requested reimbursement for attorney's fees and costs in the amount of $22,925.32, which the respondent did not object to. Petitioner also represented that he had not personally incurred any out-of-pocket litigation expenses.

Special Master Corcoran approved this amount as reasonable. The award for attorney's fees and costs was to be made in the form of a check payable jointly to Mr.

Demoski and his counsel, Isaiah Kalinowski of Maglio Christopher and Toale, PA. 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.