Alfonso Pacheco v. HHS - Influenza, Guillain-Barré syndrome (“GBS”), and/or chronic inflammatory demyelinating polyneuropathy (“CIDP”), and/or any other related neurological injury (2016)

Filed 2013-05-07Decided 2016-01-20Vaccine Influenza
compensated$475,000

Case summary [AI summaries can sometimes make mistakes]

Alfonso Pacheco filed a petition on May 24, 2013, alleging that an influenza (flu) vaccination he received on October 20, 2010 caused him to develop Guillain-Barré syndrome (GBS) and chronic inflammatory demyelinating polyneuropathy (CIDP) and that he experienced the residual effects of these injuries for more than six months. Respondent denied that the flu vaccine caused petitioner's GBS, CIDP, or any other injury.

Nonetheless, both parties agreed to a joint stipulation filed March 31, 2015 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 $475,000.00, representing compensation for all damages available under 42 U.S.C. § 300aa-15(a). The parties subsequently agreed to attorneys' fees and costs of $42,200.00, payable jointly to petitioner and his counsel, Anne Carrion Toale of Maglio Christopher & Toale PA.

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

Theory of causation

Flu Oct 20, 2010 → GBS/CIDP (residual >6 months). Joint stipulation Mar 31, 2015; SM Moran. Comp $475,000. Fees $42,200 (Toale, Maglio Christopher & Toale PA, Sarasota FL).

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