Joseph Wojtanowski v. HHS - Influenza, Guillain-Barré syndrome (2015)
Case summary [AI summaries can sometimes make mistakes]
Joseph Wojtanowski filed a petition on January 14, 2015, under the National Vaccine Injury Compensation Program, alleging that he suffered from Guillain-Barré syndrome (GBS) as a result of an influenza vaccine administered on October 12, 2011. He further alleged that he experienced residual effects of the injury for more than six months.
The respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused Mr. Wojtanowski's GBS or any other injury.
Despite this denial, the parties reached a joint stipulation for damages and attorneys' fees and costs. Special Master Nora Beth Dorsey reviewed the stipulation and found it reasonable, adopting it as the decision of the Court.
The stipulation awarded Mr. Wojtanowski a lump sum of $72,500.00 for all damages.
Additionally, a lump sum of $20,862.24 was awarded jointly to Mr. Wojtanowski and his attorney, Joseph P.
Casale, for attorneys' fees and costs. This total award amounted to $93,362.24.
The parties agreed to this stipulation, and judgment was entered accordingly. The public decision does not describe the specific onset of symptoms, medical tests, treatments, or the mechanism of causation.
Theory of causation
Petitioner Joseph Wojtanowski alleged that an influenza vaccine administered on October 12, 2011, caused Guillain-Barré syndrome (GBS) and residual effects lasting more than six months. Respondent denied causation. The parties reached a joint stipulation for compensation. The public text does not detail the specific theory of causation, medical experts, or the mechanism by which the vaccine allegedly caused GBS. The case was resolved via stipulation, with Special Master Nora Beth Dorsey adopting the agreement. Petitioner received $72,500.00 for damages and $20,862.24 for attorneys' fees and costs, totaling $93,362.24. Attorneys for petitioner were Joseph P. Casale and Aquidneck Legal Center, LLC. Attorney for respondent was Traci R. Patton of the U.S. Department of Justice. The decision date was February 5, 2015.
Source PDFs
USCOURTS-cofc-1_13-vv-00623