Wallace Arlen Crotchett v. HHS - Influenza, Guillain-Barré syndrome and/or Varicella Zoster reactivation (2016)

Wallace Arlen Crotchett filed a petition on September 12, 2013, seeking compensation under the National Vaccine Injury Compensation Program. He alleged that an influenza (flu) vaccine he received on September 17, 2010, caused him to develop Guillain-Barré syndrome (GBS) and/or Varicella Zoster reactivation, and that he experienced symptoms for more than six months.

The respondent denied that the flu vaccine caused or significantly aggravated the petitioner's alleged injuries or any other injury, and denied that the petitioner's current disabilities were the result of a vaccine-related injury. Despite these opposing positions, the parties entered into a joint stipulation on November 23, 2015, to settle the case.

Special Master Christian J. Moran reviewed the stipulation and found it reasonable, adopting it as the decision of the Court.

As part of the stipulation, Mr. Crotchett was awarded a lump sum of $25,000.00, payable to him, representing compensation for all damages available under 42 U.S.C. § 300aa-15(a).

The decision does not describe the onset of symptoms, specific clinical details, or any medical experts consulted. Separately, on November 24, 2015, a stipulation regarding attorneys' fees and costs was filed.

The petitioner sought $34,000.00 in fees and costs. After initial objections by the respondent, the amount was amended to $34,000.00, to which the respondent did not object.

Special Master Christian J. Moran awarded this amount in a decision filed December 4, 2015.

This award was a lump sum of $34,000.00, payable to both the petitioner and the Law Offices of Chicago-Kent College of Law, for attorneys' fees and litigation costs available under 42 U.S.C. § 300aa-15(e). Petitioner was represented by Edward Kraus of the Law Offices of Chicago-Kent College of Law, and respondent was represented by Darryl Wishard of the U.S.

Department of Justice.