Tony Surace v. HHS - Influenza, Guillain-Barre Syndrome (2015)

Filed 2015-01-05Decided 2015-01-26Vaccine Influenza
compensated$150,000

Case summary [AI summaries can sometimes make mistakes]

Tony Surace filed a petition on January 5, 2015, alleging that he developed Guillain-Barre Syndrome (GBS) as a result of receiving an influenza vaccine on October 3, 2012, and that he experienced residual effects for more than six months. The respondent, the Secretary of Health and Human Services, denied that the vaccine caused the GBS or any other injury.

Despite maintaining their respective positions, the parties reached a joint stipulation for settlement. Special Master Thomas L.

Gowen adopted the stipulation, awarding Mr. Surace $150,000.00 in compensation for all damages.

This award was to be paid as a lump sum in the form of a check payable to Tony Surace. Subsequently, on January 22, 2015, the parties filed a stipulation regarding attorneys' fees and costs.

Petitioner requested a total award of $11,448.22 for attorneys' fees and costs, which the respondent did not object to. Special Master Gowen granted this request, ordering that a check for $11,448.22 be jointly payable to Tony Surace and his attorney, Donald P.

Edwards of the Law Office of Donald P. Edwards.

The decision notes that the case was filed under the National Vaccine Injury Compensation Program and that GBS is listed on the Vaccine Injury Table for influenza vaccines. The public decision does not describe the specific onset, symptoms, medical tests, treatments, or expert witnesses involved in this case.

Theory of causation

Petitioner Tony Surace alleged that an influenza vaccine administered on October 3, 2012, caused him to develop Guillain-Barre Syndrome (GBS) and residual effects lasting more than six months. The case proceeded as a Table claim, as GBS is listed on the Vaccine Injury Table for influenza vaccines. The respondent denied causation. The parties reached a joint stipulation for settlement, and Special Master Thomas L. Gowen adopted the stipulation, awarding petitioner $150,000.00 for all damages. Petitioner's counsel was Donald P. Edwards. Attorneys' fees and costs were subsequently stipulated and awarded in the amount of $11,448.22, payable jointly to petitioner and his attorney. The public decision does not detail the specific mechanism of causation, expert testimony, or clinical findings.

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