Alfred Plastino v. HHS - Influenza, Guillain-Barré syndrome (GBS), acute respiratory failure, acute kidney failure, hyperkalemia, hypotension, acute cardiopulmonary arrest, and death (2016)
Case summary [AI summaries can sometimes make mistakes]
On October 20, 2014, Ann Marie Plastino, as executor of the Estate of Alfred Plastino, filed a petition for compensation under the National Vaccine Injury Compensation Program. Petitioner alleged that Mr.
Plastino suffered Guillain-Barré syndrome (GBS), acute respiratory failure, acute kidney failure, hyperkalemia, hypotension, acute cardiopulmonary arrest, and death as a result of an influenza vaccine he received on November 7, 2013. The respondent denied that the vaccination caused Mr.
Plastino's GBS, other injuries, or death. The parties reached a settlement, and on August 18, 2015, a decision was issued awarding compensation in the amount of $325,000.00, payable to Ann Marie Plastino as legal representative of the Estate of Alfred Plastino.
This amount represented compensation for all damages available under the Vaccine Act. Chief Special Master Denise K.
Vowell adopted the parties' stipulation. Subsequently, on November 19, 2015, the parties filed a stipulation regarding attorneys' fees and costs.
On March 23, 2016, Chief Special Master Nora Beth Dorsey issued a decision on attorney fees and costs, awarding $13,420.18 for attorney's fees and costs, jointly payable to petitioner and petitioner's counsel Edward Kraus, and $1,798.00 for petitioner's out-of-pocket litigation expenses, solely payable to petitioner. The total compensation awarded was $340,218.18.
The public decision does not describe the specific onset of symptoms, medical tests performed, treatments received, or the specific mechanism of causation.
Theory of causation
Petitioner alleged that the influenza vaccine received on November 7, 2013, caused Guillain-Barré syndrome (GBS), acute respiratory failure, acute kidney failure, hyperkalemia, hypotension, acute cardiopulmonary arrest, and death. Respondent denied causation. The parties reached a stipulation for settlement. The public decision does not detail the specific theory of causation, medical experts, or evidence presented regarding the mechanism of injury. The case was resolved via stipulation, resulting in an award of $325,000.00 for damages, plus $13,420.18 for attorney fees and costs and $1,798.00 for out-of-pocket expenses, totaling $340,218.18. Decisions were issued by Chief Special Master Denise K. Vowell on August 18, 2015, and Chief Special Master Nora Beth Dorsey on March 23, 2016. Petitioner's counsel was Edward M. Kraus, and respondent's counsel was Claudia B. Gangi.
Source PDFs
USCOURTS-cofc-1_14-vv-01014