Donna Monarch v. HHS - Influenza, Guillain-Barré syndrome (GBS) (2015)
Case summary [AI summaries can sometimes make mistakes]
Donna Monarch filed a petition on October 8, 2013, alleging that an influenza (flu) vaccination she received on January 12, 2013, caused her to suffer from Guillain-Barré syndrome (GBS) and that she experienced residual effects or complications lasting more than six months. The Special Master's decision notes that a compensation decision was entered on June 9, 2015, based on a stipulation filed by the parties.
However, the details of this compensation decision are not available in the public staging text. The public text focuses on a subsequent decision dated July 23, 2015, regarding attorneys' fees and costs.
In a stipulation filed on July 1, 2015, the parties agreed to a total award for attorneys' fees and costs in the amount of $20,000.00. Petitioner's counsel, Danielle Anne Strait of Maglio, Christopher & Toale, PA, stated that the petitioner did not advance any reimbursable costs.
Respondent, the Secretary of Health and Human Services, did not object to this request. Special Master Nora Beth Dorsey granted the request for attorneys' fees and costs, ordering that a check be issued jointly payable to Donna Monarch and Danielle A.
Strait in the amount of $20,000.00. The decision was to be posted publicly unless a party requested redaction of trade secrets, commercial or financial information, or medical files, the disclosure of which would constitute a clearly unwarranted invasion of privacy.
The clerk was ordered to enter judgment in accordance with the parties' stipulation.
Theory of causation
Petitioner Donna Monarch alleged that an influenza vaccine administered on January 12, 2013, caused her to develop Guillain-Barré syndrome (GBS) with residual effects lasting more than six months. A compensation decision was entered on June 9, 2015, based on a stipulation, but the details are not publicly available. A subsequent decision on July 23, 2015, by Special Master Nora Beth Dorsey addressed attorneys' fees and costs. The parties stipulated to an award of $20,000.00 for attorneys' fees and costs, which Special Master Dorsey granted. Petitioner was represented by Danielle Anne Strait of Maglio, Christopher & Toale, PA, and respondent was represented by Linda Sara Renzi. The specific medical theory of causation, expert testimony, or mechanism of injury is not detailed in the provided public text, which focuses on the attorneys' fees decision.
Source PDFs
USCOURTS-cofc-1_13-vv-00782