Tina Prater v. HHS - Influenza, Guillain-Barre syndrome (2014)

On September 25, 2013, Tina Prater filed a petition under the National Vaccine Injury Compensation Program, alleging that an influenza vaccination administered on December 10, 2012, caused her to develop Guillain-Barré syndrome (GBS). The respondent, the Secretary of Health and Human Services, denied that the vaccination caused the petitioner's injury.

Despite maintaining their respective positions, both parties agreed to a joint stipulation filed on March 19, 2014, to settle the case. Special Master Lisa Hamilton-Fieldman reviewed the stipulation, found it reasonable, and adopted it as the decision of the Court.

The stipulation awarded Petitioner a lump sum of $65,000.00, representing compensation for all damages available under 42 U.S.C. § 300aa-15(a). Petitioner was represented by Anne Toale of Maglio, Christopher & Toale.

The public decision does not describe the specific onset of symptoms, medical tests, or treatments. A separate decision on March 20, 2014, addressed attorneys' fees and costs.

The parties filed a stipulation requesting a total payment of $8,964.71 for attorney's fees and costs. Special Master Hamilton-Fieldman found the petition was brought in good faith with a reasonable basis and awarded the requested amount.

This sum was to be paid as a lump sum in the form of a check payable jointly to Petitioner and her counsel, Maglio, Christopher & Toale, PA Law Firm, and forwarded to their Sarasota, Florida office. The clerk of the court was directed to enter judgment accordingly, as both parties waived their right to seek review.