Donald Memmo v. HHS - Influenza, Guillain-Barré syndrome (GBS) (2014)

Filed 2014-07-31Decided 2014-08-26Vaccine Influenza
compensated$65,000

Case summary [AI summaries can sometimes make mistakes]

Donald Memmo filed a petition on July 31, 2014, alleging that he suffered Guillain-Barré syndrome (GBS) as a result of receiving an influenza vaccine. The respondent denied that the flu vaccine caused Mr.

Memmo's GBS or any other injury. Despite maintaining their positions, both parties agreed to settle the case.

On August 26, 2014, Special Master Brian H. Corcoran issued a decision awarding Mr.

Memmo $65,000.00 as compensation for all damages, based on a stipulation filed by the parties. This award was to be paid as a lump sum check payable to Petitioner.

Subsequently, on September 3, 2014, the parties filed a stipulation for attorneys' fees and costs. On September 26, 2014, Special Master Corcoran approved this stipulation, awarding $23,205.59 for Petitioner's counsel, Thomas P.

Gallagher, Esq., to be paid as a lump sum check payable jointly to Petitioner and counsel, and $200.00 for Petitioner's out-of-pocket expenses, to be paid as a lump sum check payable to Petitioner. The public decision does not describe the specific date of vaccination, the onset of symptoms, specific medical tests, or treatments.

The specific mechanism of causation was not detailed in the public decision.

Theory of causation

Petitioner Donald Memmo alleged that he suffered Guillain-Barré syndrome (GBS) as a result of receiving an influenza vaccine. Respondent denied causation. The parties reached a stipulation to settle the case, and Special Master Brian H. Corcoran adopted the stipulation as his decision. The public decision does not detail the specific vaccine date, age at vaccination, onset of symptoms, medical tests, treatments, or expert testimony. The specific theory of causation and mechanism were not described in the public decision. The award included $65,000.00 for all damages, plus $23,205.59 for Petitioner's counsel and $200.00 for Petitioner's out-of-pocket expenses. Decision date was August 26, 2014, with a subsequent decision on fees and costs dated September 26, 2014. Petitioner's counsel was Thomas P. Gallagher, Esq., and Respondent's counsel was Althea W. Davis.

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