VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_11-vv-00553 Package ID: USCOURTS-cofc-1_11-vv-00553 Petitioner: Carlos Rivera Filed: 2011-08-31 Decided: 2014-05-06 Vaccine: influenza Vaccination date: 2009-09-25 Condition: Guillain-Barre Syndrome Outcome: compensated Award amount USD: 160718 AI-assisted case summary: Carlos Rivera filed a petition on August 31, 2011, alleging that an influenza vaccination he received on September 25, 2009 caused him to develop Guillain-Barré syndrome, with residual effects lasting more than six months. On April 15, 2014, the parties filed a joint stipulation. Respondent denied that the flu vaccine caused petitioner's GBS or any other injury, and further denied that petitioner's current disabilities are sequelae of a vaccine-related injury. Nonetheless, the parties agreed to settle the case, and Special Master Gowen adopted the stipulation as the decision of the Court. In the same decision, the Special Master awarded $160,718.00 as compensation for all damages available under 42 U.S.C. § 300aa-15(a), payable to petitioner, and $39,408.42 in attorneys' fees and costs pursuant to § 300aa-15(e), payable jointly to petitioner and his counsel, F. John Caldwell Jr. of Maglio, Christopher & Toale. Petitioner did not incur any out-of-pocket expenses. Theory of causation field: Flu Sep 25, 2009 → GBS. Joint stipulation April 15, 2014; respondent denied causation; SM Gowen. $160,718. Fees $39,408.42 (Caldwell; combined in same decision). Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_11-vv-00553-0 Date issued/filed: 2014-05-06 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 4/15/12014) regarding 48 DECISION Stipulation/Proffer, DECISION Fees Stipulation/Proffer (Signed by Special Master Thomas L. Gowen.)(mpj) Copy to parties. -------------------------------------------------------------------------------- Case 1:11-vv-00553-UNJ Document 52 Filed 05/06/14 Page 1 of 7 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS No. 11-553V Filed: April 15, 2014 (Not to be published) * * * * * * * * * * * * * * * * * * * * * * * * * CARLOS RIVERA, * * Petitioner, * Stipulation; GBS; Flu v. * * SECRETARY OF HEALTH * AND HUMAN SERVICES, * * Respondent. * * * * * * * * * * * * * * * * * * * * * * * * * * Franklin John Caldwell, Jr., Esq., Maglio, Christopher & Toale, Sarasota, FL for petitioner. Lisa Watts, Esq., U.S. Department of Justice, Washington, DC for respondent. DECISION ON JOINT STIPULATION1 Gowen, Special Master: Carlos Rivera [“petitioner”] filed a petition for compensation under the National Vaccine Injury Compensation Program2 on August 31, 2011. Petitioner alleges that he suffered Guillain-Barre Syndrome [“GBS”] that was caused in fact by a flu vaccination he received on September 25, 2009. See Stipulation, filed Apr. 15, 2014, at ¶¶ 2, 4. Further, petitioner alleges that he experienced residual effects of his injuries for more than six months. Id. Respondent denies that the flu vaccine caused petitioner’s alleged GBS, or any other injury, and further denies that petitioner’s current disabilities are sequelae of a vaccine-related injury. Stipulation at ¶ 6. 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), a party has 14 days to identify and move to delete medical or other information, that satisfies the criteria in 42 U.S.C. § 300aa-12(d)(4)(B). Further, consistent with the rule requirement, a motion for redaction must include a proposed redacted decision. If, upon review, I agree that the identified material fits within the requirements of that provision, I will delete such material from public access. 2 National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755. Hereinafter, for ease of citation, all “§” references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. § 300aa (2006). Case 1:11-vv-00553-UNJ Document 52 Filed 05/06/14 Page 2 of 7 Nevertheless, the parties have agreed to settle the case. On April 15, 2014, the parties filed a joint stipulation agreeing to settle this case and describing the settlement terms. Respondent agrees to pay petitioner: a. A lump sum of $160,718.00 in the form of a check payable to petitioner, Carlos Rivera. This amount represents compensation for all damages that would be available under § 300aa-15(a); and b. A lump sum of $39,408.42 in the form of a check payable jointly to petitioner and petitioner’s attorney, F. John Caldwell, Jr., for attorneys’ fees and costs available under § 300aa-15(e); and, in compliance with General Order #9, no out-of-pocket expenses were incurred by petitioner in proceeding on the petition. The special master adopts the parties’ stipulation attached hereto, and awards compensation in the amount and on the terms set forth therein. The clerk of the court is directed to enter judgment in accordance with this decision.3 IT IS SO ORDERED. s/ Thomas L. Gowen Thomas L. Gowen Special Master 3 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by each party filing a notice renouncing the right to seek review. 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