Rodrigo Brenes v. HHS - Influenza, Guillain-Barré Syndrome (“GBS”) and/or chronic inflammatory demyelinating polyneuropathy (“CIDP”) (2015)

On September 19, 2013, Rodrigo Brenes filed a petition for compensation alleging that an influenza vaccine he received on October 20, 2010, caused him to develop Guillain-Barré Syndrome (GBS) and/or chronic inflammatory demyelinating polyneuropathy (CIDP). Mr.

Brenes also alleged that he experienced residual effects of this injury for more than six months and that there had been no prior award or settlement of a civil action for damages on his behalf. The respondent denied that the flu vaccination caused Mr.

Brenes's alleged conditions. However, on February 23, 2015, both parties filed a joint stipulation to settle the case.

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

As part of the stipulation, Mr. Brenes was awarded a lump sum of $85,000.00, payable by check to him, representing compensation for all damages available under 42 U.S.C. § 300aa-15(a).

The public decision does not describe the onset of symptoms, specific medical tests, or treatments. On July 15, 2015, petitioner filed a stipulation of fact concerning final attorneys' fees and costs.

Petitioner's counsel, Isaiah Kalinowski of Maglio, Christopher & Toale, had initially submitted an application for fees and costs, to which the respondent raised objections. Following discussions, the application was amended to request $22,000.00, an amount to which the respondent did not object.

Special Master Christian J. Moran awarded this amount in a decision filed on August 10, 2015.

This award was a lump sum of $22,000.00, payable by check to both Mr. Brenes and his attorney, Isaiah Kalinowski, for attorneys' fees and litigation costs available under 42 U.S.C. § 300aa-15(e).