Danya Manning v. HHS - Influenza, Guillain-Barré syndrome (2015)
Case summary [AI summaries can sometimes make mistakes]
Danya Manning, formerly Danya Wright, filed a petition on August 29, 2013, alleging that an influenza vaccine administered on September 30, 2011, caused her to develop Guillain-Barré syndrome (GBS). The respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused petitioner's GBS.
Despite the denial, both parties agreed to a joint stipulation on February 25, 2015, to settle the case. Special Master Lisa Hamilton-Fieldman reviewed the stipulation, found it reasonable, and adopted it as the decision of the Court.
Petitioner was awarded a lump sum of $125,000.00, which represents compensation for all damages available under 42 U.S.C. § 300aa-15(a). Petitioner was represented by Franklin John Caldwell, Jr. of Maglio, Christopher & Toale, P.A.
On August 10, 2015, a separate stipulation concerning attorneys' fees and costs was filed. Special Master Hamilton-Fieldman approved a total award of $18,500.00 for attorneys' fees and costs, payable jointly to Petitioner and her counsel, F.
John Caldwell, Jr. of Maglio Christopher & Toale, PA. The public decision does not describe the specific onset of symptoms, medical tests, treatments, or the medical expert opinions considered.
The case was settled via joint stipulation.
Theory of causation
Petitioner Danya Manning alleged that an influenza vaccine received on September 30, 2011, caused her to develop Guillain-Barré syndrome (GBS). The respondent denied causation. The parties entered into a joint stipulation on February 25, 2015, agreeing to a settlement. Special Master Lisa Hamilton-Fieldman adopted the stipulation, awarding Petitioner $125,000.00 for all damages under 42 U.S.C. § 300aa-15(a). Petitioner's counsel was Franklin John Caldwell, Jr. of Maglio, Christopher & Toale, P.A. Attorneys' fees and costs totaling $18,500.00 were awarded on August 10, 2015, payable to Petitioner and her counsel. The public decision does not detail the specific mechanism of causation, medical experts, or evidence presented, relying instead on the joint stipulation for resolution.
Source PDFs
USCOURTS-cofc-1_13-vv-00622