VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_11-vv-00238
Package ID: USCOURTS-cofc-1_11-vv-00238
Petitioner: Omar Del Rio
Filed: 2015-01-29
Decided: 2015-09-08
Vaccine: influenza
Vaccination date: 2010-11-11
Condition: Guillain-Barre syndrome [GBS], Chronic Inflammatory Demyelinating Polyneuropathy [CIDP], and/or Transverse Myelitis [TM]
Outcome: compensated
Award amount USD: 710687

AI-assisted case summary:
Omar Del Rio filed a petition under the National Vaccine Injury Compensation Program alleging that he suffered Guillain-Barre syndrome (GBS), Chronic Inflammatory Demyelinating Polyneuropathy (CIDP), and/or Transverse Myelitis (TM) as a result of receiving an influenza vaccine on or about November 11, 2010. He further alleged that he experienced residual effects of this injury for more than six months. The parties subsequently filed a joint stipulation agreeing that a decision should be entered awarding compensation. Respondent denied that the flu vaccine caused the alleged injuries but agreed to the stipulation. The court adopted the stipulation as its decision. Omar Del Rio was awarded a total of $710,687.80. This amount included $537,502.80 for first-year life care expenses, lost earnings, pain and suffering, and past unreimbursable expenses. An additional $12,685.00 was awarded to cover an outstanding medical bill. The parties also stipulated to an amount sufficient to purchase an annuity contract for future benefits. Separately, the court awarded $160,500.00 in attorneys' fees and costs, finding the petition was brought in good faith and had a reasonable basis.

Theory of causation field:
unclear

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_11-vv-00238-0
Date issued/filed: 2015-03-13
Pages: 10
Docket text: PUBLIC DECISION (Originally filed: 01/29/2015) regarding 56 DECISION Stipulation/Proffer (Signed by Special Master Thomas L Gowen.)(mpj) Copy to parties.
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Case 1:11-vv-00238-UNJ Document 60 Filed 03/13/15 Page 1 of 10
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 11-238V
Filed: January 29, 2015
UNPUBLISHED
* * * * * * * * * * * * *
OMAR DEL RIO, *
*
Petitioner, * Stipulation; Damages
* Flu; GBS; CIDP;
v. * Transverse Myelitis
*
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
* * * * * * * * * * * * *
Diana Stadelnikas Sedar, Maglio, Christopher and Toale, PA (FL), Sarasota, FL, for petitioner.
Glenn Alexander MacLeod, U.S. Dep’t. of Justice, Washington, DC, for respondent.
1
DECISION ON JOINT STIPULATION
Gowen, Special Master:
On April 15, 2011, Omar Del Rio (“petitioner”) filed a petition pursuant to the National
Vaccine Injury Compensation Program.2 42 U.S.C. §§ 300aa-1 to -34 (2006). Petitioner
alleged that as a result of receiving an influenza (“flu”) vaccine on or about November 11,
2010, he suffered Guillain-Barre syndrome [GBS], Chronic Inflammatory Demyelinating
Polyneuropathy [CIDP], and/or Transverse Myelitis [TM]. Stipulation ¶ 2, 4, filed Jan. 28, 2015.
Further, petitioner alleged that he experienced residual effects of this injury for more than six
months. Id. at ¶ 4.
On January 28, 2015, the parties filed a stipulation in which they state that a decision
should be entered awarding compensation. Respondent denies that the flu vaccine caused
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 1:11-vv-00238-UNJ Document 60 Filed 03/13/15 Page 2 of 10
petitioner to suffer from GBS, CIDP, and/or TM or any other injury, and denies that his current
disabilities are sequelae of a vaccine-related injury.. Id. at ¶ 6. Nevertheless, the parties
agree to the joint stipulation, attached hereto. 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 stipulate that petitioner shall receive the following compensation:
a) A lump sum of $537,502.80, which amount represents compensation for first
year life care expenses ($152,502.80), lost earnings ($150,000.00), pain and
suffering ($160,000.00), and past unreimbursable expenses ($75,000.00), in the
form of a check payable to petitioner, Omar Del Rio;
The amount set forth in paragraph (a) represents compensation for all
damages that would be available under § 300aa-15(a), except as set forth in
paragraphs (b) and (c) below.
b) A lump sum of $12,685.00, which amount represents payment of an
outstanding medical bill from Craig Lichtblau, M.D., P.A., in the form of a
check payable jointly to petitioner and
Craig H. Lichtblau, M.D., P.A.
550 Northlake Blvd.
North Palm Beach, FL 33408
Petitioner agrees to endorse this payment to Craig H. Lichtblau, M.D., P.A., and;
c) An amount sufficient to purchase an annuity contract to provide the benefits
described in Paragraph 10 of the attached joint stipulation, to be paid to a life
insurance company meeting the criteria described in Paragraph 9.
Id. at ¶ 8.
The undersigned approves the requested amount for petitioner’s compensation.
Accordingly, the clerk of the court SHALL ENTER JUDGMENT in accordance with the terms
of the parties’ stipulation.3
IT IS SO ORDERED.
s/ Thomas L. Gowen
Thomas L. Gowen
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

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DOCUMENT 2: USCOURTS-cofc-1_11-vv-00238-1
Date issued/filed: 2015-09-08
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 08/14/2015) regarding 63 DECISION Fees Stipulation/Proffer ( Signed by Special Master Thomas L. Gowen.)(mpj) Copy to parties.
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Case 1:11-vv-00238-UNJ Document 67 Filed 09/08/15 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 11-238V
Filed: August 14, 2015
UNPUBLISHED
* * * * * * * * * * * * *
OMAR DEL RIO, *
*
Petitioner, * Stipulation; Attorneys’ Fees & Costs
*
v. *
*
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
* * * * * * * * * * * * *
Diana Stadelnikas Sedar, Maglio, Christopher and Toale, PA (FL), Sarasota, FL, for petitioner.
Glenn Alexander MacLeod, U.S. Dep’t. of Justice, Washington, DC, for respondent.
DECISION ON ATTORNEY FEES AND COSTS1
Gowen, Special Master:
In this case under the National Vaccine Injury Compensation Program,2 I issued a
decision on January 29, 2015, adopting the parties’ stipulation and finding the petitioner was
entitled to compensation. On August 12, 2015, the parties filed a Stipulation of Fact
concerning attorneys’ fees and costs. Additionally, pursuant to General Order #9, petitioner’s
counsel asserted that petitioner incurred no personal litigation costs in this matter. Id. at para.
4.
The parties’ stipulation indicates that respondent does not object to the amount of
$160,500.00 in attorneys’ fees and cost that petitioner is requesting.
I find that this petition was brought in good faith and that there existed a reasonable
basis for the claim. Therefore, an award for fees and costs is appropriate, pursuant to 42
1 Because this unpublished decision contains a reasoned explanation for the action in this case, I intend to post
this decision on the United States Court of Federal Claims' website, 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)).
In accordance with Vaccine Rule 18(b), petitioner has 14 days to identify and move to delete medical or other
information, the disclosure of which would constitute an unwarranted invasion of privacy. If, upon review, I agree
that the identified material fits within this definition, I will delete such material from public access.
2 The applicable statutory provisions defining the program are found at 42 U.S.C. § 300aa-10 et seq. (2012).
1

Case 1:11-vv-00238-UNJ Document 67 Filed 09/08/15 Page 2 of 2
U.S.C. §§ 300aa-15(b) and (e)(1). Further, the proposed amount seems reasonable and
appropriate. Accordingly, I hereby award:
 A lump sum of $160,500.00 in the form of a check payable jointly to
petitioner and petitioner’s counsel of record, Diana L. Stadelnikas, Esq. for
petitioner’s attorney fees and costs.
The clerk of the court shall enter judgment in accordance herewith.3
IT IS SO ORDERED.
s/ Thomas L. Gowen
Thomas L. Gowen
Special Master
3 Entry of judgment can be expedited by each party’s filing of a notice renouncing the right to seek review. See
Vaccine Rule 11(a).
2