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.
Source PDFs
USCOURTS-cofc-1_13-vv-00387