VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_10-vv-00500
Package ID: USCOURTS-cofc-1_10-vv-00500
Petitioner: Carole Prystalski
Filed: 2014-05-30
Decided: 2015-06-12
Vaccine: influenza
Vaccination date: 2007-11-10
Condition: Chronic Inflammatory Demyelinating Polyneuropathy (CIDP)
Outcome: compensated
Award amount USD: 150000

AI-assisted case summary:
Carole Prystalski filed a petition on August 2, 2010, alleging that she received an influenza vaccination on November 10, 2007, and subsequently developed Chronic Inflammatory Demyelinating Polyneuropathy (CIDP) caused by the vaccination. The respondent denied that the vaccination caused her condition. The parties reached a stipulation for damages, and on May 30, 2014, Special Master Nora Beth Dorsey entered a decision awarding compensation. Petitioner was to receive a lump sum payment of $100,000.00 as compensation for all damages. On May 22, 2015, the parties filed a stipulation for attorneys' fees and costs, agreeing to an award of $50,000.00. Special Master Dorsey approved this amount. The total compensation awarded to Ms. Prystalski was $150,000.00, covering her injury and legal expenses. Petitioner was represented by F. John Caldwell, Jr. of Maglio, Christopher & Toale, PA. Respondent was represented by Justine E. Daigneault and later Justine Elizabeth Walters of the United States Department of Justice. The public decision does not describe the onset of symptoms, specific medical tests, treatments, or the mechanism of causation.

Theory of causation field:
Petitioner Carole Prystalski alleged that an influenza vaccination administered on November 10, 2007, caused her to develop Chronic Inflammatory Demyelinating Polyneuropathy (CIDP). The respondent denied causation. The parties entered into a stipulation for damages, resulting in an award of $100,000.00 for all damages. Subsequently, a stipulation for attorneys' fees and costs in the amount of $50,000.00 was approved, bringing the total award to $150,000.00. The theory of causation was "Off-Table." The public decision does not name specific medical experts or detail the medical evidence or reasoning supporting the stipulation. Special Master Nora Beth Dorsey presided over the case. Petitioner's counsel was F. John Caldwell, Jr. of Maglio, Christopher & Toale, PA. Respondent's counsel included Justine E. Daigneault and Justine Elizabeth Walters of the United States Department of Justice. The initial petition was filed on August 2, 2010, with the damages decision on May 30, 2014, and the attorneys' fees decision on June 12, 2015.

Public staged source text:

================================================================================
DOCUMENT 1: USCOURTS-cofc-1_10-vv-00500-0
Date issued/filed: 2014-06-24
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 05/30/2014) regarding 52 DECISION Stipulation/Proffer Signed by Special Master Nora Beth Dorsey. (tlj) Copy to parties.
--------------------------------------------------------------------------------
Case 1:10-vv-00500-UNJ Document 57 Filed 06/24/14 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 10-500V
Filed: May 30, 2014
* * * * * * * * * * * * * * * * UNPUBLISHED
CAROLE PRYSTALSKI, *
*
Petitioner, * Special Master Dorsey
*
v. *
* Joint Stipulation on Damages;
SECRETARY OF HEALTH * Influenza (“Flu”) Vaccination;
AND HUMAN SERVICES, * Chronic Inflammatory
* Demyelinating Polyneuropathy
Respondent. * (“CIDP”).
* * * * * * * * * * * * * * * *
F. John Caldwell, Maglio, Christopher & Toale, PA, Sarasota, FL, for petitioner.
Justine E. Daigneault, United States Department of Justice, Washington, D.C., for respondent.
DECISION1
On August 2, 2010, Carole Prystalski (“petitioner”) filed a petition pursuant to the
National Vaccine Injury Compensation Program.2 42 U.S.C. §§ 300aa-1 to -34 (2006). Ms.
Prystalski alleged that she received an influenza vaccination on November 10, 2007, and that she
thereafter suffered from Chronic Inflammatory Demyelinating Polyneuropathy (“CIDP”) which
was caused in fact by the vaccination. Petition at 1, 3.
On May 28, 2014, the parties filed a stipulation in which they agree that a decision should
be entered awarding compensation.
1 Because this decision contains a reasoned explanation for the undersigned’s action in this case,
the undersigned intends to post this ruling on the website of the United States Court of Federal
Claims, in accordance with the E-Government Act of 2002, Pub. L. No. 107-347, § 205, 116
Stat. 2899, 2913 (codified as amended at 44 U.S.C. § 3501 note (2006)). As provided by
Vaccine Rule 18(b), each party has 14 days within which to request redaction “of any
information furnished by that party: (1) that is a trade secret or commercial or financial in
substance and is privileged or confidential; or (2) that includes medical files or similar files, the
disclosure of which would constitute a clearly unwarranted invasion of privacy.” Vaccine Rule
18(b).
2 The National Vaccine Injury Compensation Program is set forth in Part 2 of the National
Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755, codified as amended,
42 U.S.C. §§ 300aa-1 to -34 (2006) (Vaccine Act or the Act). All citations in this decision to
individual sections of the Vaccine Act are to 42 U.S.C.A. § 300aa.
1

Case 1:10-vv-00500-UNJ Document 57 Filed 06/24/14 Page 2 of 7
Respondent denies that the influenza immunization caused petitioner to suffer from CIDP
or any other injury or her current condition. Nevertheless, the parties agree to the joint
stipulation, attached hereto as Appendix A. The undersigned finds the stipulation reasonable and
adopts it as the decision of the Court in awarding damages, on the terms set forth therein.
The parties stipulated that petitioner shall receive the following compensation:
A lump sum payment of $100,000.00 in the form of a check payable to petitioner.
This amount represents compensation for all damages that would be available
under 42 U.S.C. §300aa-15(a).
Stipulation ¶ 8.
The undersigned approves the requested amount for petitioner’s compensation.
Accordingly, an award should be made consistent with the stipulation.
In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of
the court SHALL ENTER JUDGMENT in accordance with the terms of the parties’
stipulation.3
IT IS SO ORDERED.
s/ Nora Beth Dorsey
Nora Beth Dorsey
Special Master
3 Pursuant to Vaccine Rule 11(a), entry of judgment is expedited by the parties’ joint filing of
notice renouncing the right to seek review.
2

CCaassee 11::1100--vvvv--0000550000--UUNNJJ DDooccuummeenntt 5517 FFiilleedd 0056//2284//1144 PPaaggee 13 ooff 57

CCaassee 11::1100--vvvv--0000550000--UUNNJJ DDooccuummeenntt 5517 FFiilleedd 0056//2284//1144 PPaaggee 24 ooff 57

CCaassee 11::1100--vvvv--0000550000--UUNNJJ DDooccuummeenntt 5517 FFiilleedd 0056//2284//1144 PPaaggee 35 ooff 57

CCaassee 11::1100--vvvv--0000550000--UUNNJJ DDooccuummeenntt 5517 FFiilleedd 0056//2284//1144 PPaaggee 46 ooff 57

CCaassee 11::1100--vvvv--0000550000--UUNNJJ DDooccuummeenntt 5517 FFiilleedd 0056//2284//1144 PPaaggee 57 ooff 57

================================================================================
DOCUMENT 2: USCOURTS-cofc-1_10-vv-00500-1
Date issued/filed: 2015-06-12
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 05/22/2015) regarding 69 DECISION Fees Stipulation/Proffer Signed by Special Master Nora Beth Dorsey. (tlj) Copy to parties.
--------------------------------------------------------------------------------
Case 1:10-vv-00500-UNJ Document 72 Filed 06/12/15 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
Filed: May 22, 2015
* * * * * * * * * * * * * * UNPUBLISHED
CAROLE PRYSTALSKI, * No. 10-500V
*
Petitioner, * Special Master Dorsey
*
v. *
* Attorneys’ Fees and Costs;
SECRETARY OF HEALTH * Reasonable Amount Requested to which
AND HUMAN SERVICES, * Respondent Does not Object.
*
Respondent. *
*
* * * * * * * * * * * * *
Franklin John Caldwell, Jr., Maglio Christopher & Toale, PA, Sarasota, FL, for petitioner.
Justine Elizabeth Walters, United States Department of Justice, Washington, DC, for respondent.
ATTORNEYS’ FEES AND COSTS DECISION1
On August 2, 2010, Carole Prystalski (“petitioner”) filed a petition pursuant to the
National Vaccine Injury Compensation Program.2 42 U.S.C. §§ 300aa-1 to -34 (2006). Ms.
Prystalski alleged that she received an influenza vaccination on November 10, 2007, and that she
thereafter suffered from Chronic Inflammatory Demyelinating Polyneuropathy (“CIDP”) which
was caused in fact by the vaccination. Petition at 1, 3. On May 30, 2014, the undersigned
entered a decision awarding compensation to petitioner based on a stipulation filed by the
parties.
1 Because this decision contains a reasoned explanation for the undersigned’s action in this case,
the undersigned intends to post this decision on the website of the United States Court of Federal
Claims, in accordance with the E-Government Act of 2002, Pub. L. No. 107-347, 116 Stat. 2899,
2913 (Dec. 17, 2002). As provided by Vaccine Rule 18(b), each party has 14 days within which
to request redaction “of any information furnished by that party: (1) that is a trade secret or
commercial or financial in substance and is privileged or confidential; or (2) that includes
medical files or similar files, the disclosure of which would constitute a clearly unwarranted
invasion of privacy.” Vaccine Rule 18(b). Otherwise, the entire decision will be available to the
public. Id.
2 The National Vaccine Injury Compensation Program is set forth in Part 2 of the National
Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755, codified as amended,
42 U.S.C. §§ 300aa-1 to -34 (2006) (Vaccine Act or the Act). All citations in this decision to
individual sections of the Vaccine Act are to 42 U.S.C.A. § 300aa.
1

Case 1:10-vv-00500-UNJ Document 72 Filed 06/12/15 Page 2 of 2
On May 22, 2015, the parties filed a Stipulation of Fact Concerning Attorneys’ Fees and
Costs. According to the stipulation, the parties stipulate to a total award to petitioner of
attorneys’ fees and costs in the amount of $50,000.00. In accordance with General Order #9,
petitioner’s counsel states that petitioner did not advance any monies in reimbursable costs in
pursuit of this claim.
The Vaccine Act permits an award of reasonable attorneys’ fees and costs. 42 U.S.C. §
300 aa-15(e). Based on the reasonableness of petitioner’s request and the lack of any objection
by respondent, the undersigned GRANTS the request for approval and payment of attorneys’
fees and costs.
Accordingly, an award should be made as follows:
in the form of a check jointly payable to petitioner and to petitioner’s attorney, F. John
Caldwell, Jr., Esq., of the law firm of Maglio, Christopher & Toale, PA, in the amount of
$50,000.00.
In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of
the court SHALL ENTER JUDGMENT in accordance with the terms of the parties’
stipulation.3
IT IS SO ORDERED.
s/Nora Beth Dorsey
Nora Beth Dorsey
Special Master
3 Pursuant to Vaccine Rule 11(a), entry of judgment is expedited by the parties’ joint filing of
notice renouncing the right to seek review.
2