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

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.