Bruce McDonald v. HHS - Influenza, Guillain-Barré Syndrome (2015)
Case summary [AI summaries can sometimes make mistakes]
Bruce McDonald filed a petition for compensation on March 6, 2014, alleging that an influenza vaccine he received on October 27, 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 vaccine caused the alleged injury.
The parties subsequently filed a joint stipulation, agreeing that the influenza vaccine is listed on the Vaccine Injury Table and that Mr. McDonald suffered residual effects for more than six months.
Special Master Christian J. Moran adopted the stipulation, awarding Mr.
McDonald a lump sum of $197,000.00 for all damages. Later, the parties filed a joint stipulation for attorneys' fees and costs.
Petitioner's counsel, Anne C. Toale of Maglio, Christopher & Toale, PA, sought $19,240.00 in fees and costs.
The respondent, represented by Althea W. Davis of the United States Department of Justice, did not object to this amount.
Special Master Moran awarded the $19,240.00 for attorneys' fees and litigation costs, bringing the total compensation to $216,240.00. The decision was issued on July 10, 2015, with the fees decision issued on November 18, 2015.
Source PDFs
USCOURTS-cofc-1_14-vv-00192