Josephine Franco v. HHS - Influenza, Guillain-Barré Syndrome (GBS) (2015)

Josephine Franco filed a petition for vaccine compensation on September 6, 2013, alleging that an influenza vaccine she received on September 9, 2010, caused her to develop Guillain-Barré syndrome (GBS) with residual effects lasting more than six months. Respondent denied that the flu vaccine caused petitioner's GBS or any other injury, and denied that her disabilities were sequelae of a vaccine-related injury.

The parties, maintaining their respective positions, agreed to a joint stipulation filed on April 1, 2015, to settle the case. Special Master Christian J.

Moran found the stipulation reasonable and adopted it as the decision of the Court. Petitioner was awarded a lump sum of $100,000.00, representing compensation for all damages available under 42 U.S.C. § 300aa-15(a).

Petitioner's counsel was Donald Philip Edwards. Respondent's counsel was Michael P.

Milmoe. Subsequently, on July 8, 2015, Special Master Moran issued a decision regarding attorneys' fees and costs.

Petitioner had submitted a motion for fees and costs, and after informal discussions and an amendment to the request, the parties stipulated to an amount of $10,511.67. Respondent did not object to this amount.

The Court awarded this sum, payable to petitioner and her attorney, Donald Philip Edwards, for attorneys' fees and litigation costs available under 42 U.S.C. § 300aa-15(e).