Torren Grace v. HHS - Influenza, Guillain-Barré Syndrome (“GBS”) (2015)
Case summary [AI summaries can sometimes make mistakes]
Torren Grace filed a petition on June 24, 2014, alleging that the influenza vaccine he received on October 17, 2012, caused him to develop Guillain-Barré Syndrome (GBS) and that he experienced residual effects lasting more than six months. The respondent denied that the flu vaccine caused Mr.
Grace's GBS or any other injury. The parties reached a joint stipulation regarding compensation, which Special Master Christian J.
Moran adopted. Under this stipulation, Mr.
Grace was awarded a lump sum of $85,000.00 for all damages. Subsequently, on June 9, 2015, the parties filed a stipulation concerning attorneys' fees and costs.
Petitioner's counsel, Diana L. Stadelnikas Sedar of Maglio, Christopher & Toale, PA, initially submitted an application for fees and costs, to which the respondent raised objections.
Following discussions, the petitioner amended the application to request $15,000.00, an amount to which the respondent did not object. Special Master Christian J.
Moran awarded this amount, payable to both the petitioner and his attorney. The total compensation awarded to Mr.
Grace was $100,000.00 ($85,000.00 for damages and $15,000.00 for attorneys' fees and costs). The public decision does not describe the specific onset of symptoms, medical tests, treatments, or the mechanism of causation.
Theory of causation
Petitioner Torren Grace alleged that the influenza vaccine received on October 17, 2012, caused Guillain-Barré Syndrome (GBS) with residual effects lasting more than six months. The respondent denied causation. The case proceeded via stipulation, and the Special Master adopted the parties' agreement. The public text indicates the influenza vaccine is on the Vaccine Injury Table, suggesting a potential "Table" theory, but does not detail specific medical evidence, expert testimony, or a precise mechanism of injury. The outcome was a compensated award totaling $100,000.00 ($85,000.00 for damages and $15,000.00 for attorneys' fees and costs), based on a joint stipulation approved by Special Master Christian J. Moran on May 15, 2015 (decision on damages) and July 22, 2015 (decision on fees and costs). Petitioner's counsel was Diana L. Stadelnikas Sedar, and respondent's counsel was Jennifer Reynaud.
Source PDFs
USCOURTS-cofc-1_14-vv-00540