A.N. v. HHS - Influenza, Guillain-Barré Syndrome (GBS) (2015)

Filed 2013-06-05Decided 2015-09-17Vaccine Influenza
compensated$100,000

Case summary [AI summaries can sometimes make mistakes]

Matthias and Annika Nikolakopulos, on behalf of their daughter A.N., filed a petition for compensation on June 5, 2013. They alleged that the influenza, tetanus-diphtheria-acellular pertussis (Adacel), varicella (Varivax), and meningococcal (Menactra) vaccines, which A.N. received on September 12, 2011, caused her to suffer Guillain-Barré Syndrome (GBS).

The petition stated that A.N. experienced residual effects of this injury for more than six months. The respondent denied that the vaccines caused A.N.'s GBS or any other injury, and denied that her current disabilities were sequelae of a vaccine-related injury.

Despite the respondent's denial, the parties reached a joint stipulation for compensation. Special Master Christian J.

Moran adopted the stipulation, awarding a lump sum of $100,000.00 to A.N.'s estate, payable to Matthias and Annika Nikolakopulos as guardians/conservators, for all damages. Judgment was to be entered accordingly unless a motion for review was filed.

Subsequently, on August 13, 2015, the parties filed a stipulation concerning attorneys' fees and costs. Petitioners sought $24,300.00 for attorneys' fees and litigation costs, and $6,596.18 for out-of-pocket expenses.

The respondent did not object to the total requested amount of $30,896.18. Special Master Christian J.

Moran awarded these amounts, with $24,300.00 payable to petitioners and their attorney, Diana L. Stadelnikas Sedar, and $6,596.18 payable to petitioners and their guardianship attorney, James Spaustat.

The public decision does not describe the onset of symptoms, specific clinical details of the GBS, diagnostic tests performed, treatments received, or the specific mechanism of causation. The attorneys for the petitioners were Diana Sedar and Diana L.

Stadelnikas Sedar of Maglio, Christopher and Toale. The attorney for the respondent was Linda Renzi of the United States Department of Justice.

Special Master Christian J. Moran issued the decisions.

Theory of causation

Petitioners alleged that the influenza, tetanus-diphtheria-acellular pertussis (Adacel), varicella (Varivax), and meningococcal (Menactra) vaccines received on September 12, 2011, caused A.N. to suffer Guillain-Barré Syndrome (GBS), with residual effects lasting more than six months. The respondent denied causation. The case proceeded to a joint stipulation for compensation, and the Special Master adopted the stipulation. The theory of causation relied upon was the Vaccine Injury Table. The public decision does not name specific medical experts or detail the mechanism of injury. A lump sum award of $100,000.00 was made for all damages. Attorneys' fees and costs totaling $30,896.18 ($24,300.00 for fees/costs and $6,596.18 for out-of-pocket expenses) were awarded. Special Master Christian J. Moran issued the decisions on February 11, 2015 (stipulation) and August 18, 2015 (fees and costs). Petitioners' counsel was Diana Sedar/Diana L. Stadelnikas Sedar, and respondent's counsel was Linda Renzi.

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