VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_10-vv-00522 Package ID: USCOURTS-cofc-1_10-vv-00522 Petitioner: Judith Cassandro-Green Filed: 2015-07-17 Decided: 2015-07-17 Vaccine: Td Vaccination date: 2007-08-02 Condition: Guillain-Barré Syndrome (GBS) Outcome: compensated Award amount USD: 60000 AI-assisted case summary: Judith Cassandro-Green filed a petition on July 17, 2015, alleging that she suffered from Guillain-Barré Syndrome (GBS) caused by a tetanus-diphtheria (Td) vaccine she received on August 2, 2007. She further alleged that she experienced residual effects from the injury for more than six months. The respondent denied that the Td vaccine caused GBS or any other injury, and denied that the vaccine caused petitioner's current disabilities. Despite the respondent's denials, the parties reached a stipulation to resolve the case. Special Master Laura D. Millman adopted the stipulation, awarding Judith Cassandro-Green $60,000.00 in compensation for all damages. This award was to be paid via a check made payable to the petitioner. Subsequently, on December 8, 2015, the parties filed a stipulation regarding attorneys' fees and costs. The petitioner asserted that she did not incur any costs. After informal discussions where the respondent raised objections to certain items in the petitioner's initial application, the petitioner amended her application for attorneys' fees and costs to $46,000.00. The respondent did not object to this revised amount. Special Master Laura D. Millman found the amount to be reasonable and awarded $46,000.00 for attorneys' fees and costs, payable jointly to Judith Cassandro-Green and her attorneys, Maglio, Christopher & Toale, PA. The public decision does not describe the onset of symptoms, specific clinical details of the GBS, diagnostic tests performed, treatments received, or the specific mechanism by which the Td vaccine allegedly caused the GBS. Theory of causation field: Petitioner Judith Cassandro-Green alleged that her Guillain-Barré Syndrome (GBS) was caused by a tetanus-diphtheria (Td) vaccine administered on August 2, 2007, and that she experienced residual effects for more than six months. Respondent denied causation. The parties reached a stipulation to resolve the case. 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, with Special Master Laura D. Millman awarding $60,000.00 for damages and subsequently $46,000.00 for attorneys' fees and costs, payable jointly to the petitioner and her counsel, Maglio, Christopher & Toale, PA. The decision date for damages was July 17, 2015, and for fees was December 8, 2015. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_10-vv-00522-0 Date issued/filed: 2015-08-10 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 07/17/2015) regarding 75 DECISION Stipulation/Proffer Signed by Special Master Laura D Millman. (tlj) Copy to parties. -------------------------------------------------------------------------------- Case 1:10-vv-00522-UNJ Document 80 Filed 08/10/15 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 10-522V Filed: July 17, 2015 Not for Publication ************************************* JUDITH CASSANDRO-GREEN, * * Petitioner, * * Damages decision based on stipulation; v. * Tetanus-diphtheria (Td or tetanus) vaccine; * Guillain-Barré Syndrome (GBS) SECRETARY OF HEALTH * AND HUMAN SERVICES, * * Respondent. * * ************************************* Isaiah R. Kalinowski, Washington, DC, for petitioner. Glenn A. MacLeod, Washington, DC, for respondent. MILLMAN, Special Master DECISION AWARDING DAMAGES1 On July 17, 2015, the parties filed the attached stipulation in which they agreed to settle this case and described the settlement terms. Petitioner alleges that she suffered from Guillain-Barré Syndrome (“GBS”) that was caused by her receipt of tetanus-diphtheria (“Td” or “tetanus”) vaccine on August 2, 2007. She further alleges that she experienced the residual effects of this injury for more than six months. Respondent denies that the tetanus vaccine caused petitioner to suffer GBS or any other injury and further denies that the tetanus vaccine caused petitioner’s current disabilities. Nonetheless, the parties agreed to resolve this matter informally. 1 Because this unpublished decision contains a reasoned explanation for the special master’s action in this case, the special master intends to post this unpublished decision on the United States Court of Federal Claims’ website, in accordance with the E-Government Act of 2002, Pub. L. No. 107-347, 116 Stat. 2899, 2913 (Dec. 17, 2002). Vaccine Rule 18(b) states that all decisions of the special masters will be made available to the public unless they contain trade secrets or commercial or financial information that is privileged and confidential, or medical or similar information whose disclosure would constitute a clearly unwarranted invasion of privacy. When such a decision is filed, petitioner has 14 days to identify and move to delete such information prior to the document’s disclosure. If the special master, upon review, agrees that the identified material fits within the banned categories listed above, the special master shall delete such material from public access. Case 1:10-vv-00522-UNJ Document 80 Filed 08/10/15 Page 2 of 7 The undersigned finds the terms of the stipulation to be reasonable. The court hereby adopts the parties’ said stipulation, attached hereto, and awards compensation in the amount and on the terms set forth therein. Pursuant to the stipulation, the court awards a lump sum of $60,000.00, representing compensation for all damages that would be available under 42 U.S.C. § 300aa-15(a) (2006). The award shall be in the form of a check for $60,000.00 made payable to petitioner. In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of the court is directed to enter judgment herewith.2 IT IS SO ORDERED. Dated: July 17, 2015 s/ Laura D. Millman Laura D. Millman Special Master 2 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by each party, either separately or jointly, filing a notice renouncing the right to seek review. 2 Case 1:10-vv-00522-UNJ Document 80 Filed 08/10/15 Page 3 of 7 Case 1:10-vv-00522-UNJ Document 80 Filed 08/10/15 Page 4 of 7 Case 1:10-vv-00522-UNJ Document 80 Filed 08/10/15 Page 5 of 7 Case 1:10-vv-00522-UNJ Document 80 Filed 08/10/15 Page 6 of 7 Case 1:10-vv-00522-UNJ Document 80 Filed 08/10/15 Page 7 of 7 ================================================================================ DOCUMENT 2: USCOURTS-cofc-1_10-vv-00522-1 Date issued/filed: 2016-01-04 Pages: 2 Docket text: PUBLIC DECISION (Originally filed: 12/08/2015) regarding 83 DECISION Fees Stipulation/Proffer Signed by Special Master Laura D Millman. (tlf) Copy to parties. -------------------------------------------------------------------------------- Case 1:10-vv-00522-UNJ Document 86 Filed 01/04/16 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 10-522V Filed: December 8, 2015 Not for Publication ******************************************* JUDITH CASSANDRO-GREEN, * * Petitioner, * Attorneys’ fees and costs decision * based on stipulation of fact v. * * SECRETARY OF HEALTH * AND HUMAN SERVICES, * * Respondent. * * ******************************************* Isaiah R. Kalinowski, Washington, DC, for petitioner. Glenn A. MacLeod, Washington, DC, for respondent. MILLMAN, Special Master DECISION AWARDING ATTORNEYS’ FEES AND COSTS1 On December 8, 2015, the parties filed a stipulation of fact in which they agreed on an appropriate amount for attorneys’ fees and costs in this case. In accordance with the General Order #9 requirement, petitioner asserts that she did not incur any costs in pursuit of her petition. Petitioner submitted a draft application for attorneys’ fees and costs to respondent. During informal discussions, respondent raised objections to certain items in petitioner’s application. Based on these objections, petitioner amends her application for 1 Because this unpublished decision contains a reasoned explanation for the special master’s action in this case, the special master intends to post this unpublished decision on the United States Court of Federal Claims’s website, in accordance with the E-Government Act of 2002, Pub. L. No. 107-347, 116 Stat. 2899, 2913 (Dec. 17, 2002). Vaccine Rule 18(b) states that all decisions of the special masters will be made available to the public unless they contain trade secrets or commercial or financial information that is privileged and confidential, or medical or similar information whose disclosure would constitute a clearly unwarranted invasion of privacy. When such a decision is filed, petitioner has 14 days to identify and move to redact such information prior to the document=s disclosure. If the special master, upon review, agrees that the identified material fits within the banned categories listed above, the special master shall redact such material from public access. Case 1:10-vv-00522-UNJ Document 86 Filed 01/04/16 Page 2 of 2 attorneys’ fees and costs to $46,000.00. Respondent does not object to this amount. The undersigned finds this amount to be reasonable. Accordingly, the court awards $46,000.00, representing reimbursement for attorneys’ fees and costs. The award shall be in the form of a check payable jointly to petitioner and Maglio, Christopher & Toale, PA in the amount of $46,000.00. In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of the court is directed to enter judgment herewith.2 IT IS SO ORDERED. Dated: December 8, 2015 s/ Laura D. Millman Laura D. Millman Special Master 2 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by each party, either separately or jointly, filing a notice renouncing the right to seek review. 2