Lorraine Lupio v. HHS - Influenza, Guillain-Barré Syndrome (GBS) (2014)
Case summary [AI summaries can sometimes make mistakes]
On August 21, 2014, Lorraine Lupio filed a petition alleging that she suffered from Guillain-Barré Syndrome (GBS) as a result of receiving an influenza vaccine on September 10, 2012, and that she experienced residual effects of this injury for more than six months. The respondent, the Secretary of Health and Human Services, denied that the influenza vaccine caused Ms.
Lupio's GBS or any other condition. The parties subsequently reached a settlement through a stipulation, agreeing to resolve the matter informally.
Special Master Laura D. Millman adopted the stipulation and awarded Ms.
Lupio $170,000.00 for all damages available under 42 U.S.C. § 300aa-15(a). Additionally, the parties stipulated to attorneys' fees and costs, and the Special Master awarded $13,732.24 for these expenses, payable jointly to Ms.
Lupio and her attorneys, Maglio, Christopher & Toale, P.A. The decision was issued on August 21, 2014, and the public decision was filed on September 11, 2014.
Petitioner's counsel was F. John Caldwell, Jr., and respondent's counsel was Lara A.
Englund.
Theory of causation
Petitioner Lorraine Lupio alleged that she suffered from Guillain-Barré Syndrome (GBS) with residual effects lasting more than six months, resulting from an influenza vaccine administered on September 10, 2012. Respondent denied causation. The parties resolved the case via stipulation. The public decision does not detail the specific theory of causation, medical experts, clinical findings, or the mechanism of injury. The Special Master adopted the stipulation, awarding $170,000.00 for all damages under 42 U.S.C. § 300aa-15(a) and $13,732.24 for attorneys' fees and costs. The decision was made by Special Master Laura D. Millman on August 21, 2014. Petitioner was represented by F. John Caldwell, Jr., and respondent by Lara A. Englund.
Source PDFs
USCOURTS-cofc-1_13-vv-00984