David Tomaso v. HHS - Influenza, Guillain Barré Syndrome (GBS) (2014)
Case summary [AI summaries can sometimes make mistakes]
David Tomaso filed a petition on June 10, 2013, alleging that an influenza (flu) vaccination he received on September 8, 2010, caused him to develop Guillain-Barré Syndrome (GBS). The respondent denied that the flu vaccine caused Mr.
Tomaso's GBS or any other injury. On May 12, 2014, both parties filed a joint stipulation to settle the case.
Special Master Thomas L. Gowen reviewed the stipulation, found it reasonable, and adopted it as the decision of the Court.
Mr. Tomaso was awarded a lump sum of $75,000.00, representing compensation for all damages available under 42 U.S.C. § 300aa-15(a).
The parties also agreed to attorneys' fees and costs in the amount of $25,000.00, payable jointly to Mr. Tomaso and his counsel, James E.
Thompson of The Law Offices of Joseph V. Roddy.
Mr. Tomaso had not personally incurred any out-of-pocket litigation expenses.
The public decision does not describe the onset of symptoms, specific medical tests, treatments, or the mechanism of causation.
Theory of causation
Petitioner David Tomaso alleged that an influenza vaccine administered on September 8, 2010, caused him to develop Guillain-Barré Syndrome (GBS). The respondent denied causation. The parties entered into a joint stipulation on May 12, 2014, agreeing to a settlement. Special Master Thomas L. Gowen adopted the stipulation, awarding petitioner $75,000.00 for all damages under 42 U.S.C. § 300aa-15(a). Attorneys' fees and costs of $25,000.00 were awarded jointly to petitioner and his counsel, James E. Thompson of The Law Offices of Joseph V. Roddy. The public decision does not detail the specific medical evidence, expert testimony, or the precise mechanism of causation relied upon for the stipulation.
Source PDFs
USCOURTS-cofc-1_13-vv-00387