William K. Lavelle v. HHS - Influenza, Guillain-Barré syndrome (2014)

William K. Lavelle filed a petition on August 2, 2013, alleging that an influenza vaccine he received on or about September 27, 2010, caused him to develop Guillain-Barré Syndrome (GBS).

Respondent denied that the flu vaccine caused petitioner's GBS or any other injury or disability. The parties subsequently filed a joint stipulation on August 22, 2014, to settle the case.

Special Master Christian J. Moran reviewed the stipulation, found it reasonable, and adopted it as the decision of the Court.

Petitioner was awarded a lump sum of $150,000.00, representing compensation for all damages available under 42 U.S.C. § 300aa-15(a). Petitioner was represented by F.

John Caldwell, Jr. of Maglio, Christopher & Toale, P.A. Respondent was represented by Lynn E.

Ricciardella of the U.S. Dep’t of Justice.

Petitioner stated that he had not personally incurred any out-of-pocket litigation expenses. On August 26, 2014, the parties filed a stipulation concerning attorneys' fees and costs.

Petitioner's counsel, F. John Caldwell, Jr., submitted an application for fees and costs, which was amended after respondent raised objections.

The parties ultimately agreed to a total amount of $14,077.00 for attorneys' fees and costs, to which respondent did not object. Special Master Christian J.

Moran awarded this amount, payable jointly to petitioner and his attorney. The public decision does not describe the onset of symptoms, specific medical tests, treatments, or the medical expert opinions presented by either party.

The mechanism of causation is not detailed in the public decision.