David Allen v. HHS - Influenza, Guillain-Barré syndrome (GBS) (2015)

David Allen filed a petition on September 19, 2013, alleging that an influenza vaccine administered on November 16, 2011, caused him to develop Guillain-Barré syndrome (GBS). The respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused Petitioner's GBS or any other injury, and further denied that his current disabilities were sequelae of a vaccine-related injury.

Despite the respondent's denials, both parties filed a joint stipulation on December 1, 2014, agreeing to a settlement. Special Master Lisa Hamilton-Fieldman reviewed the stipulation, found it reasonable, and adopted it as the decision of the Court.

Petitioner was awarded a lump sum of $80,000.00, representing compensation for all damages available under 42 U.S.C. § 300aa-15(a). Subsequently, on May 14, 2015, Petitioner filed a Stipulation of Fact Concerning Attorneys' Fees and Costs.

The parties agreed to an award of $20,000.00 in attorneys' fees and costs. Special Master Hamilton-Fieldman found that the petition was brought in good faith and had a reasonable basis, making an award for fees and costs appropriate under 42 U.S.C. § 300aa-15(b) and (e)(1).

The proposed amount was deemed reasonable. The award of $20,000.00 was made payable jointly to Petitioner David Allen and his counsel, Isaiah Kalinowski of Maglio, Christopher & Toale.

The public decision does not describe the onset of symptoms, specific clinical details, medical tests, or treatments. Petitioner was represented by Isaiah Kalinowski of Maglio Christopher & Toale, PA.

Respondent was represented by Glenn MacLeod of the United States Department of Justice.