David Tomaso v. HHS - Influenza, Guillain Barré Syndrome (GBS) (2014)

Filed 2013-06-10Decided 2014-05-13Vaccine Influenza
compensated$75,000

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.

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