Michael Greenberg v. HHS - Influenza, Guillain-Barré Syndrome (GBS) (2016)
Case summary [AI summaries can sometimes make mistakes]
Michael Greenberg filed a petition on June 23, 2015, alleging that he suffered from Guillain-Barré Syndrome (GBS) caused by an influenza vaccine he received on November 3, 2012. He further alleged that he experienced residual effects of this injury for more than six months.
The respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused or significantly aggravated the petitioner's alleged injuries or any other injury, and denied that the petitioner's current disabilities were the result of a vaccine-related injury. The parties reached a stipulation to resolve the case.
Special Master Laura D. Millman adopted the stipulation, awarding Michael Greenberg $350,000.00 for all damages.
This award was to be paid as a lump sum check made payable to the petitioner. Subsequently, on December 10, 2015, the parties filed a stipulation for attorneys' fees and costs.
Special Master Millman reviewed this stipulation and awarded $34,500.00 in attorneys' fees and costs, payable jointly to Michael Greenberg and his attorneys, Maglio, Christopher & Toale, PA. The total compensation awarded in this case was $384,500.00.
The case was resolved through stipulation, with the petitioner receiving compensation for his alleged vaccine injury. The public decision does not describe the specific onset of symptoms, medical tests, treatments, or the mechanism of injury.
Theory of causation
Petitioner Michael Greenberg alleged that his Guillain-Barré Syndrome (GBS) was caused by an influenza vaccine received on November 3, 2012. The respondent denied causation. The parties stipulated to resolve the case, with the Special Master adopting the stipulation. The case was resolved via stipulation, not through litigation of specific medical theories or expert testimony. The public decision does not detail the specific mechanism of causation or name any experts. The award consisted of a $350,000.00 lump sum for damages and $34,500.00 for attorneys' fees and costs, totaling $384,500.00. The theory of causation is based on the "Table" category, as indicated by the raw database fields, implying the injury is presumed to be vaccine-related under the program's guidelines, though the stipulation itself does not elaborate on this. Special Master Laura D. Millman issued the decision on January 4, 2016, based on stipulations filed on July 14, 2015, and December 10, 2015. Petitioner's counsel was F. John Caldwell, Jr., and respondent's counsel was Darryl R. Wishard.
Source PDFs
USCOURTS-cofc-1_14-vv-00098