John J. Rainone v. HHS - Influenza, Guillain-Barré syndrome (GBS) (2015)
Case summary [AI summaries can sometimes make mistakes]
John J. Rainone filed a petition on September 3, 2013, seeking compensation under the National Vaccine Injury Compensation Program.
He alleged that he developed Guillain-Barré syndrome (GBS) as a result of receiving a trivalent influenza vaccine. The respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused Mr.
Rainone's GBS or any related medical problems. Despite maintaining their respective positions, both parties agreed to a joint stipulation filed on September 19, 2014, to settle the case.
Special Master Brian H. Corcoran reviewed the stipulation and found it to be reasonable, adopting it as the decision of the court.
The stipulation awarded Mr. Rainone a lump sum of $245,000.00, payable by check to Petitioner, as compensation for all damages available under 42 U.S.C. § 300aa-15(a).
Subsequently, on March 2, 2015, counsel for both parties filed another joint stipulation regarding attorney's fees and costs. This stipulation proposed a lump sum of $55,500.00, payable to Petitioner and his counsel, Michael R.
De Luca, Esq. Special Master Corcoran approved this amount as reasonable.
The public decision does not describe the onset of symptoms, specific medical tests, or treatments. Petitioner was represented by Michael R.
De Luca of Gidley, Sarli & Marusak, LLP, and respondent was represented by Glenn A. MacLeod of the U.S.
Department of Justice.
Theory of causation
Petitioner John J. Rainone alleged that a trivalent influenza vaccine caused him to develop Guillain-Barré syndrome (GBS). Respondent denied causation. The parties reached a joint stipulation on September 19, 2014, to settle the claim. Special Master Brian H. Corcoran adopted the stipulation, awarding Petitioner a lump sum of $245,000.00 for all damages under 42 U.S.C. § 300aa-15(a). A subsequent stipulation on March 2, 2015, approved by Special Master Corcoran, awarded $55,500.00 in attorney's fees and costs, payable to Petitioner and his counsel, Michael R. De Luca. The public decision does not detail the specific mechanism of causation, expert testimony, or the petitioner's age at vaccination.
Source PDFs
USCOURTS-cofc-1_13-vv-00632