Matthew LaRocco v. HHS - Influenza, Guillain-Barré Syndrome (2015)

Matthew LaRocco filed a petition on September 27, 2013, alleging that an influenza (flu) vaccination administered on October 19, 2011, caused him to develop Guillain-Barré Syndrome (GBS). The respondent denied that the flu vaccine caused petitioner's GBS or any other injury.

The parties reached a tentative agreement, and a stipulation regarding entitlement was to be filed by June 1, 2015. On March 30, 2015, a decision was issued regarding attorneys' fees and costs.

Petitioner's counsel, Isaiah R. Kalinowski of Maglio Christopher and Toale, PA, Washington, D.C., and respondent's counsel, Michael P.

Milmoe of the United States Department of Justice, Washington, D.C., were involved. Special Master Lisa Hamilton-Fieldman presided over the proceedings.

Petitioner's counsel filed a Stipulation of Facts Concerning Attorneys’ Fees and Costs, agreeing to an award of $23,297.48 in attorneys' fees and costs. Special Master Hamilton-Fieldman found the petition was brought in good faith with a reasonable basis and awarded the agreed-upon amount for fees and costs, payable jointly to Petitioner and his counsel.

On April 16, 2015, the parties filed a joint stipulation agreeing that a decision should be entered awarding compensation. Respondent continued to deny causation but agreed to the stipulation.

Special Master Hamilton-Fieldman found the stipulation reasonable and adopted it as the decision of the Court. Petitioner was awarded a lump sum of $180,000.00, 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, treatments, or the mechanism of causation. The decision notes that it is unpublished and intended for posting on the United States Court of Federal Claims' website, with provisions for parties to request redaction of sensitive information.