Jose De La Cruz Herrera v. HHS - Influenza, Guillain-Barré Syndrome (2016)

Jose De La Cruz Herrera filed a petition for compensation under the National Vaccine Injury Compensation Program on January 26, 2015, alleging he suffered Guillain-Barré Syndrome (GBS) after receiving an influenza vaccine on November 19, 2013. The petition stated that the vaccine was administered in the United States, that he had suffered the effects of his injury for more than six months, and that neither he nor anyone else had brought an action or received compensation for his injuries.

The respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused petitioner's GBS or any other injury or disability. Despite the denial, the parties filed a joint stipulation on November 19, 2015, agreeing that compensation should be awarded.

Chief Special Master Nora Beth Dorsey adopted the stipulation, awarding Mr. Herrera a lump sum of $150,000.00 for all items of damages.

Subsequently, on December 21, 2015, the parties filed another stipulation regarding attorneys' fees and costs. The court approved an award of $9,376.12 for attorney's fees and costs, and $3,760.00 for Mr.

Herrera's out-of-pocket costs, for a total of $13,136.12. The decision directed that the checks be forwarded to Mr.

Herrera's counsel, Anne Toale of Maglio Christopher and Toale, PA. The public decision does not describe the specific onset of symptoms, medical tests, treatments, or the mechanism of causation.