Michael Napolitano v. HHS - Influenza, Guillain-Barré Syndrome (GBS) (2018)
Case summary [AI summaries can sometimes make mistakes]
On September 7, 2017, Michael Napolitano filed a Vaccine Program petition after receiving an influenza vaccine on September 22, 2016. He alleged that the vaccine caused Guillain-Barre Syndrome.
Respondent conceded entitlement in a Rule 4(c) report filed August 3, 2018. The report stated that medical personnel at the Division of Injury Compensation Programs reviewed the petition and medical records and that Napolitano satisfied the Vaccine Injury Table and Qualifications and Aids to Interpretation criteria for GBS.
Chief Special Master Nora Beth Dorsey granted entitlement on August 6, 2018. The public ruling does not provide additional clinical detail about onset or treatment.
Respondent filed a damages proffer on October 12, 2018, and Napolitano agreed. On October 16, 2018, Chief Special Master Dorsey awarded a lump sum of $152,417.48, payable to Napolitano.
The award consisted of $150,000.00 in actual and projected pain and suffering and $2,417.48 in past unreimbursable expenses. Napolitano was represented on the entitlement ruling by Ann Mayhew Golski and on the damages decision by Brenton Aaron Elswick, both of Maglio Christopher & Toale, PA.
Theory of causation
Influenza vaccine (September 22, 2016) causing Table Guillain-Barre Syndrome. COMPENSATED. Respondent conceded that DICP medical personnel found petitioner satisfied Vaccine Injury Table/QAI criteria for GBS; public decisions contain limited clinical detail beyond the concession. Entitlement granted by Chief Special Master Nora Beth Dorsey on August 6, 2018; damages awarded October 16, 2018. Award: $152,417.48 lump sum ($150,000.00 actual/projected pain and suffering + $2,417.48 past unreimbursable expenses). Attorneys: Ann Mayhew Golski and Brenton Aaron Elswick, Maglio Christopher & Toale, PA, Washington, DC.
Source PDFs
USCOURTS-cofc-1_17-vv-01208