Leonard Kazmierski v. HHS - Influenza, Guillain-Barré syndrome (2014)

Leonard Kazmierski filed a petition on August 23, 2013, alleging that an influenza vaccine administered on September 1, 2010, caused him to develop Guillain-Barré syndrome (GBS). The respondent denied that the flu vaccine caused Petitioner's GBS or any other injury, and denied that his current disabilities were sequelae of a vaccine-related injury.

Despite the respondent's denial, both parties filed a joint stipulation on October 30, 2014, agreeing to a settlement. Special Master Lisa Hamilton-Fieldman reviewed the stipulation, found it reasonable, and adopted it as the decision of the Court.

Petitioner was awarded compensation in the form of a lump sum of $190,411.67, which included $29,660.48 for first-year life care expenses and $160,751.19 for pain and suffering. Additionally, Petitioner received a lump sum of $46,061.87 to reimburse a State of Missouri Medicaid lien.

An amount sufficient to purchase an annuity contract for future life care expenses was also awarded. The total lump sum compensation, including the Medicaid lien reimbursement, amounted to $236,473.54.

Petitioner was represented by Mark Paul Schloegel of the Popham Law Firm. Respondent was represented by Lynn Ricciardella of the United States Department of Justice.

Separately, on November 3, 2014, the parties filed a Stipulation of Attorneys’ Fees and Costs, agreeing to an award of $24,328.85 for fees and costs incurred by Petitioner and his counsel. Special Master Hamilton-Fieldman found this amount reasonable and appropriate, awarding it in a check made payable jointly to Petitioner and his counsel.

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