John Poh v. HHS - Influenza, Guillain-Barre Syndrome (2015)

On July 23, 2014, John Poh filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that he suffered Guillain-Barre Syndrome (GBS) as a result of an Influenza vaccination. Mr.

Poh further alleged that he experienced residual effects of his injury for more than six months, had filed no other action for this injury, and had received no prior award or settlement. The respondent denied that petitioner's GBS was caused-in-fact by his influenza vaccination and denied that the vaccine caused any other injury or his current condition.

Despite the respondent's denial, the parties reached a joint stipulation to settle the case. On May 21, 2015, they filed a stipulation agreeing to settle the case and outlining the terms.

The respondent agreed to pay petitioner a lump sum of $170,000.00 as compensation for all damages available under 42 U.S.C. § 300aa-15(a). Chief Special Master Denise Kathryn Vowell adopted the parties' stipulation and awarded compensation in the amount and on the terms set forth therein.

Subsequently, on September 10, 2015, the parties filed a stipulation for attorneys' fees and costs. They agreed upon an award of $21,389.63, which petitioner's counsel represented covered all legal expenses and out-of-pocket costs incurred by the petitioner.

Special Master Vowell found this amount reasonable and awarded it as a lump sum, jointly payable to Mr. Poh and his counsel, Amber Wilson of Maglio Christopher and Toale, PA.

The respondent was represented by Alexis Babcock of the U.S. Department of Justice.

The case was resolved through these stipulations, resulting in compensation for Mr. Poh.