Patricia Hercik v. HHS - Influenza, Guillain-Barré Syndrome (“GBS”) (2014)

Patricia Hercik filed a petition on August 28, 2014, alleging that she developed Guillain-Barré Syndrome (GBS) as a result of receiving an influenza vaccine on January 13, 2011. She further alleged that she suffered residual effects from this condition for more than six months.

The respondent, the Secretary of Health and Human Services, denied that the influenza vaccine caused Ms. Hercik's alleged GBS or any other injury.

The parties, represented by Diana L. Stadelnikas Sedar for the petitioner and Ann D.

Martin for the respondent, ultimately reached a stipulation of fact to resolve the case. Special Master Laura D.

Millman presided over the proceedings. On September 10, 2014, the parties filed a stipulation agreeing to settle the case.

The court adopted this stipulation and awarded Patricia Hercik $260,000.00 in compensation for all damages. Separately, on August 28, 2014, the parties filed a stipulation regarding attorneys' fees and costs.

After initial objections by the respondent, the petitioner amended her application to $21,320.00, which the respondent did not object to. Special Master Millman found this amount to be reasonable and awarded $21,320.00 for attorneys' fees and costs, payable by check jointly to petitioner and Maglio, Christopher & Toale, P.A.

The public decision does not describe the specific onset of symptoms, medical tests, treatments, or the mechanism of causation.