Donaldo Jones-Fogle v. HHS - Influenza, Guillian-Barré Syndrome (2016)
Case summary [AI summaries can sometimes make mistakes]
Donaldo Jones-Fogle filed a petition on August 22, 2014, alleging that he developed Guillian-Barré Syndrome (GBS) as a result of receiving an influenza vaccine on October 14, 2013. He further alleged that he experienced residual effects of his injury for more than six months.
The respondent, the Secretary of Health and Human Services, denied that the flu vaccination caused petitioner's GBS or any other injury. On January 20, 2016, the parties filed a joint stipulation agreeing that compensation should be awarded.
The Special Master, Thomas L. Gowen, found the stipulation reasonable and adopted it as the decision of the Court.
The award included a lump sum of $425,000.00 for all damages other than past medical expenses, payable to Donaldo Jones-Fogle. Additionally, a lump sum of $24,969.69 was awarded for past medical expenses, payable jointly to Donaldo Jones-Fogle and Chambersburg Hospital.
Attorneys' fees and costs in the amount of $36,647.22 were awarded, payable jointly to Donaldo Jones-Fogle and his attorney, Kari E. Mellinger of R.J.
Marzella & Associates, P.C. Judgment was entered in accordance with the terms of the stipulation.
Theory of causation
Petitioner Donaldo Jones-Fogle alleged that he developed Guillian-Barré Syndrome (GBS) following an influenza vaccination on October 14, 2013, and experienced residual effects for more than six months. The respondent denied causation. The parties reached a joint stipulation for award, agreeing to compensation without admitting causation. The stipulation included a total award of $490,000.00, comprising $425,000.00 for general damages, $24,969.69 for past medical expenses payable to Chambersburg Hospital, and $36,647.22 for attorneys' fees and costs. Special Master Thomas L. Gowen adopted the stipulation as the decision of the Court on May 19, 2016. Petitioner's counsel was Kari E. Mellinger of R.J. Marzella & Associates, P.C., and respondent's counsel was Traci R. Patton of the United States Department of Justice. The public decision does not describe the specific medical theory of causation, expert testimony, or the mechanism of injury.
Source PDFs
USCOURTS-cofc-1_14-vv-00765