Anthony Decosta v. HHS - Influenza, Guillain-Barré syndrome (2015)

Anthony Decosta filed a petition on August 8, 2013, alleging that an influenza vaccine administered on November 9, 2011, caused him to suffer Guillain-Barré syndrome (GBS). The respondent is the Secretary of Health and Human Services.

The parties filed a joint stipulation on December 1, 2014, and a decision awarding compensation was entered on December 2, 2014. The public decision does not describe the specific onset of symptoms, medical examinations, or treatments.

The specific amount of compensation awarded for the injury is not available in the public record. Subsequently, on February 13, 2015, the parties filed a Stipulation of Fact Concerning Attorneys' Fees and Costs.

According to this stipulation, the parties agreed to a total award for attorneys' fees and costs in the amount of $25,000.00. Petitioner's counsel stated that the petitioner did not personally incur any out-of-pocket litigation expenses.

Special Master Nora Beth Dorsey reviewed the stipulation and, finding the request reasonable and without objection from the respondent, granted the approval and payment of attorneys' fees and costs. The decision states that the award for fees and costs would be in the form of a check jointly payable to Anthony Decosta and his attorney, Anne Toale of Maglio Christopher & Toale, PA, in the amount of $25,000.00.

The public decision does not name petitioner's counsel or respondent's counsel in the initial filing, but Anne Toale is named as petitioner's counsel in the fees decision, and Julia Wernett McInerny is named as respondent's counsel. The public decision does not detail the specific theory of causation or any expert testimony presented.