VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_12-vv-00106 Package ID: USCOURTS-cofc-1_12-vv-00106 Petitioner: Luis Corona Filed: 2014-12-12 Decided: 2015-02-06 Vaccine: Twinrix (Hepatitis A and B) Vaccination date: 2010-04-18 Condition: Guillain-Barré Syndrome (GBS) Outcome: compensated Award amount USD: 1334894 AI-assisted case summary: Luis Corona filed a petition on December 12, 2014, alleging that he developed Guillain-Barré Syndrome (GBS) after receiving the Twinrix (Hepatitis A and B) vaccine on April 18, 2010. He further alleged that he suffered residual effects from this injury for more than six months. The respondent, the Secretary of Health and Human Services, denied that the vaccine caused GBS or any other injury and denied that the petitioner's current disabilities were sequelae of a vaccine-related injury. Despite these denials, the parties reached a stipulation to settle the case. Special Master Laura D. Millman adopted the stipulation and awarded compensation. The award included a lump sum of $1,262,394.45, comprising $246,600.13 for first-year life care plan expenses, $5,694.32 for past unreimbursable expenses, $235,000.00 for past and future pain and suffering, and $775,100.00 for past and future lost wages. This amount was to be paid via check to the petitioner. Additionally, a lump sum of $644,239.12 was awarded to reimburse a State of Connecticut Medicaid lien, to be paid via check jointly to the petitioner and the Department of Administrative Services, State of Connecticut, with the petitioner agreeing to endorse it over. The stipulation also included an amount sufficient to purchase an annuity contract, to be paid directly to the life insurance company from which the annuity would be purchased. Subsequently, on February 6, 2015, the parties filed a stipulation for attorneys' fees and costs. Special Master Millman awarded $72,500.00 for these expenses, to be paid via check jointly to the petitioner and Maglio, Christopher & Toale, P.A. The public decision does not describe the specific onset of symptoms, diagnostic tests, treatments, or the medical experts consulted by either party. The specific mechanism of causation was not detailed in the public decision. Theory of causation field: Petitioner Luis Corona alleged that he developed Guillain-Barré Syndrome (GBS) after receiving the Twinrix (Hepatitis A and B) vaccine on April 18, 2010, and suffered residual effects for more than six months. Respondent denied causation. The parties reached a stipulation to settle the case, and Special Master Laura D. Millman adopted the stipulation, awarding compensation. The award included a lump sum of $1,262,394.45 for life care, expenses, pain and suffering, and lost wages; $644,239.12 for a Medicaid lien reimbursement; and an amount for an annuity. Attorneys' fees and costs of $72,500.00 were also awarded. The public decision does not specify the theory of causation, the mechanism of injury, or name any medical experts. The decision is based on a stipulation between the parties. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_12-vv-00106-0 Date issued/filed: 2015-01-07 Pages: 11 Docket text: PUBLIC DECISION (Originally filed: 12/12/2014) regarding 43 DECISION Stipulation/Proffer Signed by Special Master Laura D Millman. (tlj) Copy to parties. -------------------------------------------------------------------------------- Case 1:12-vv-00106-UNJ Document 48 Filed 01/07/15 Page 1 of 11 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 12-106V Filed: December 12, 2014 Not for Publication ************************************* LUIS CORONA, * * Petitioner, * Damages decision based on stipulation; * Hepatitis A and B vaccine; Guillain-Barré v. * Syndrome (GBS) * SECRETARY OF HEALTH * AND HUMAN SERVICES, * * Respondent. * * ************************************* Anne C. Toale, Sarasota, FL, for petitioner. Melonie J. McCall, Washington, DC, for respondent. MILLMAN, Special Master DECISION AWARDING DAMAGES1 On December 12, 2014, the parties filed the attached stipulation in which they agreed to settle this case and described the settlement terms. Petitioner alleges that he suffered Guillain-Barré Syndrome (“GBS”) that was caused by his April 18, 2010 receipt of Twinrix (Hepatitis A and B) vaccine. Petitioner further alleges that he suffered the residual effects of this injury for more than six months. Respondent denies that the Hepatitis A and B vaccine caused petitioner to suffer from GBS or any other injury and denies that his current disabilities are sequelae of a vaccine-related injury. Nonetheless, the parties agreed to resolve this matter 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 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 1:12-vv-00106-UNJ Document 48 Filed 01/07/15 Page 2 of 11 informally. 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. a lump sum of $1,262,394.45, representing $246,600.13 for first-year life care plan expenses, $5,694.32 for past unreimbursable expenses, $235,000.00 for past and future pain and suffering, and $775,100.00 for past and future lost wages. The award shall be in the form of a check for $1,262,394.45 payable to petitioner; b. a lump sum of $644,239.12, representing reimbursement of a State of Connecticut Medicaid lien. The award shall be in the form of a check for $644,239.12 made payable jointly to petitioner and Department of Administrative Services State of Connecticut 165 Capitol Avenue Hartford, CT 06106-1658. Petitioner agrees to endorse this check to the Department of Administrative Services, State of Connecticut; and c. an amount sufficient to purchase the annuity contract described in paragraph 10 of the attached stipulation. The award shall be paid to the life insurance company from which the annuity will be purchased. 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 12, 2014 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 1:12-vv-00106-UNJ Document 48 Filed 01/07/15 Page 3 of 11 Case 1:12-vv-00106-UNJ Document 48 Filed 01/07/15 Page 4 of 11 Case 1:12-vv-00106-UNJ Document 48 Filed 01/07/15 Page 5 of 11 Case 1:12-vv-00106-UNJ Document 48 Filed 01/07/15 Page 6 of 11 Case 1:12-vv-00106-UNJ Document 48 Filed 01/07/15 Page 7 of 11 Case 1:12-vv-00106-UNJ Document 48 Filed 01/07/15 Page 8 of 11 Case 1:12-vv-00106-UNJ Document 48 Filed 01/07/15 Page 9 of 11 Case 1:12-vv-00106-UNJ Document 48 Filed 01/07/15 Page 10 of 11 Case 1:12-vv-00106-UNJ Document 48 Filed 01/07/15 Page 11 of 11 ================================================================================ DOCUMENT 2: USCOURTS-cofc-1_12-vv-00106-1 Date issued/filed: 2015-02-27 Pages: 2 Docket text: PUBLIC DECISION (Originally filed: 02/06/2015) regarding 50 DECISION Fees Stipulation/Proffer Signed by Special Master Laura D Millman. (tlj) Copy to parties. -------------------------------------------------------------------------------- Case 1:12-vv-00106-UNJ Document 53 Filed 02/27/15 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 12-106V Filed: February 6, 2015 Not for Publication ************************************* LUIS CORONA, * * Petitioner, * Attorneys’ fees and costs decision based on * stipulation of fact v. * * SECRETARY OF HEALTH * AND HUMAN SERVICES, * * Respondent. * * ************************************* Anne C. Toale, Sarasota, FL, for petitioner. Traci R. Patton, Washington, DC, for respondent. MILLMAN, Special Master DECISION AWARDING ATTORNEYS’ FEES AND COSTS1 On February 6, 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 General Order #9, petitioner asserts that he did not incur any costs in pursuit of his petition. Petitioner submitted his request for attorneys’ fees and costs to respondent. During informal discussions, respondent raised objections to certain aspects of petitioner’s application. Based on these objections, petitioner amends his 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 1:12-vv-00106-UNJ Document 53 Filed 02/27/15 Page 2 of 2 attorneys’ fees and costs to $72,500.00. Respondent does not object to this amount. The undersigned finds this amount to be reasonable. Accordingly, the court awards $72,500.00, 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, P.A. for $72,500.00. 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: February 6, 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