Frank Fortunato v. HHS - Influenza, Guillain-Barré Syndrome (2015)

Frank Fortunato filed a petition on February 27, 2014, alleging that the influenza vaccine he received on or about December 13, 2012, caused him to suffer Guillain-Barré Syndrome (GBS) and that he experienced residual effects for more than six months. The respondent denied that the flu vaccine caused Mr.

Fortunato's GBS. The parties reached a stipulation for compensation, which Special Master Christian J.

Moran adopted as the decision of the Court. The stipulation awarded Mr.

Fortunato a lump sum of $120,000.00 for all damages. Subsequently, on January 29, 2015, petitioner filed a stipulation of fact concerning final attorneys' fees and costs.

Because Mr. Fortunato received compensation, he was entitled to an award of attorneys' fees and costs.

The parties agreed to a total of $21,186.00 for attorneys' fees and litigation costs, payable to petitioner and his attorney, Danielle Strait. Additionally, Mr.

Fortunato incurred $14.00 in out-of-pocket litigation expenses, which was also awarded. Special Master Christian J.

Moran awarded these amounts, resulting in a total compensation of $141,186.00. Petitioner was represented by Danielle Strait of Maglio, Christopher & Toale, PA, and respondent was represented by Voris Johnson and later Amy Paula Kokot of the U.S.

Department of Justice.