Eugene Spadaccini v. HHS - Influenza, Guillain-Barré syndrome (GBS) (2015)

Filed 2013-09-24Decided 2015-05-22Vaccine Influenza
compensated$400,000

Case summary [AI summaries can sometimes make mistakes]

Eugene Spadaccini filed a petition on September 24, 2013, under the National Vaccine Injury Compensation Program, alleging that an influenza vaccine administered on December 31, 2010, caused him to develop Guillain-Barré syndrome (GBS) and that he suffered residual effects or complications for more than six months. The respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused petitioner's GBS or any other injury.

Despite the denial, both parties filed a joint stipulation on March 11, 2015, agreeing to a settlement. Special Master Nora Beth Dorsey reviewed the stipulation and found it reasonable, adopting it as the decision of the Court.

Petitioner was awarded a lump sum of $400,000.00, representing compensation for all damages available under 42 U.S.C. § 300aa-15(a). Petitioner was represented by Franklin John Caldwell, Jr. of Maglio, Christopher & Toale.

Respondent was represented by Justine Elizabeth Walters of the United States Department of Justice. Subsequently, on May 1, 2015, the parties filed a stipulation concerning attorneys' fees and costs.

Special Master Dorsey approved this stipulation, awarding petitioner's counsel, F. John Caldwell, Jr. of Maglio, Christopher & Toale, PA, the amount of $17,982.03 for attorneys' fees and costs.

The public decision does not describe the specific onset of symptoms, medical tests, treatments, or the medical mechanism of causation.

Theory of causation

Petitioner Eugene Spadaccini alleged that an influenza vaccine administered on December 31, 2010, caused him to develop Guillain-Barré syndrome (GBS) with residual effects lasting more than six months. Respondent denied causation. The parties reached a joint stipulation on March 11, 2015, agreeing to compensation. Special Master Nora Beth Dorsey adopted the stipulation, awarding petitioner $400,000.00 for all damages under 42 U.S.C. § 300aa-15(a). Attorneys' fees and costs of $17,982.03 were awarded to petitioner's counsel, F. John Caldwell, Jr. of Maglio, Christopher & Toale, PA, via a separate stipulation approved by Special Master Dorsey on May 1, 2015. The public decision does not detail the specific medical mechanism, expert testimony, or the Table 300aa-13(a)(1)(B) theory relied upon, as the case was resolved by stipulation.

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