VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_12-vv-00461
Package ID: USCOURTS-cofc-1_12-vv-00461
Petitioner: Joseph Monteleone
Filed: 2012-07-23
Decided: 2014-05-01
Vaccine: influenza
Vaccination date: 2011-10-31
Condition: Guillain-Barré Syndrome (GBS)
Outcome: compensated
Award amount USD: 135000

AI-assisted case summary:
Joseph Monteleone filed a petition on July 23, 2012, alleging that an influenza vaccination he received on October 31, 2011, a vaccine contained in the Vaccine Injury Table, caused him to develop Guillain-Barré Syndrome (GBS), with residual effects lasting more than six months.

Respondent denied that the flu vaccine caused petitioner's GBS or any other injury. Nonetheless, both parties agreed in a joint stipulation filed April 8, 2014 to settle the case. Special Master Moran found the stipulation reasonable and adopted it as the decision of the Court. Petitioner received a lump sum of $135,000.00, representing compensation for all damages available under 42 U.S.C. § 300aa-15(a).

Special Master Moran also awarded $20,656.41 in attorneys' fees and costs, payable jointly to petitioner and his counsel, F. John Caldwell, Jr. of Maglio, Christopher & Toale, PA. Petitioner had not incurred any reimbursable out-of-pocket litigation costs.

Theory of causation field:
Flu Oct 31, 2011 → GBS (Table vaccine). Joint stipulation Apr 8, 2014; respondent denied causation; SM Moran. $135,000. Fees $20,656.41 (F. John Caldwell Jr., Maglio Christopher & Toale, Sarasota FL). All DB fields correct.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_12-vv-00461-0
Date issued/filed: 2014-05-01
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 04/08/2014) regarding 34 DECISION Stipulation/Proffer. Signed by Special Master Christian J. Moran. (tpj) Copy to parties.
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Case 1:12-vv-00461-UNJ Document 42 Filed 05/01/14 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
* * * * * * * * * * * * * * * * * * * *
JOSEPH MONTELEONE, *
*
Petitioner, * No. 12-461V
v. * Special Master Christian J. Moran
*
SECRETARY OF HEALTH * Filed: April 8, 2014
AND HUMAN SERVICES, *
* Stipulation; Influenza Vaccine (“flu”);
Respondent. * Guillain-Barre´ syndrome (“GBS”).
*
* * * * * * * * * * * * * * * * * * * *
F. John Caldwell, Maglio, Christopher & Toale, Sarasota, FL, for Petitioner;
Alexis B. Babcock, U.S. Department of Justice, Washington, DC, for Respondent.
UNPUBLISHED DECISION1
On April 8, 2014, respondent filed a joint stipulation concerning the petition
for compensation filed by Joseph Monteleone on July 23, 2012. In his petition,
Mr. Monteleone alleged that the influenza (“flu”) vaccination, which is contained
in the Vaccine Injury Table (the “Table”), 42 C.F.R. §100.3(a), and which he
received on October 31, 2011, caused him to suffer Guillain-Barré Syndrome
(“GBS”). Petitioner further alleges that he experienced the residual effects of this
injury for more than six months. Petitioner represents that there has been no prior
award or settlement of a civil action for damages as a result of his GBS.
Respondent denies that petitioner’s GBS was caused-in-fact by the
influenza vaccination, and denies that the vaccine caused any other injury or his
current condition.
1 The E-Government Act of 2002, Pub. L. No. 107-347, 116 Stat. 2899, 2913 (Dec. 17,
2002), requires that the Court post this decision on its website. Pursuant to Vaccine Rule 18(b),
the party has 14 days to file a motion proposing redaction of medical information or other
information described in 42 U.S.C. § 300aa-12(d)(4). Any redactions ordered by the special
master will appear in the document posted on the website.

Case 1:12-vv-00461-UNJ Document 42 Filed 05/01/14 Page 2 of 7
Nevertheless, the parties agree to the joint stipulation, attached hereto as
“Appendix A.” The undersigned finds said stipulation reasonable and adopts it as
the decision of the Court in awarding damages, on the terms set forth therein.
Damages awarded in that stipulation include:
A lump sum of $135,000.00 in the form of a check payable to petitioner,
Joseph Monteleone. This amount represents compensation for all
damages that would be available under 42 U.S.C. § 300aa-15(a).
In the absence of a motion for review filed pursuant to RCFC, Appendix B,
the clerk is directed to enter judgment in case 12-461V according to this decision
and the attached stipulation.2
Any questions may be directed to my law clerk, Mary Holmes, at (202) 357-
6353.
IT IS SO ORDERED.
s/Christian J. Moran
Christian J. Moran
Special Master
2 Pursuant to Vaccine Rule 11(a), the parties can expedite entry of judgment by each
party filing a notice renouncing the right to seek review by a United States Court of Federal
Claims judge.
2

CCaassee 11::1122--vvvv--0000446611--UUNNJJ DDooccuummeenntt 3432 FFiilleedd 0045//0081//1144 PPaaggee 13 ooff 57

CCaassee 11::1122--vvvv--0000446611--UUNNJJ DDooccuummeenntt 3432 FFiilleedd 0045//0081//1144 PPaaggee 24 ooff 57

CCaassee 11::1122--vvvv--0000446611--UUNNJJ DDooccuummeenntt 3432 FFiilleedd 0045//0081//1144 PPaaggee 35 ooff 57

CCaassee 11::1122--vvvv--0000446611--UUNNJJ DDooccuummeenntt 3432 FFiilleedd 0045//0081//1144 PPaaggee 46 ooff 57

CCaassee 11::1122--vvvv--0000446611--UUNNJJ DDooccuummeenntt 3432 FFiilleedd 0045//0081//1144 PPaaggee 57 ooff 57

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DOCUMENT 2: USCOURTS-cofc-1_12-vv-00461-1
Date issued/filed: 2014-05-16
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 04/21/2014) regarding 39 DECISION Fees Stipulation/Proffer. Signed by Special Master Christian J. Moran. (tpj) Copy to parties.
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Case 1:12-vv-00461-UNJ Document 43 Filed 05/16/14 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
* * * * * * * * * * * * * * * * * * * * * * * * *
JOSEPH MONTELEONE, *
*
* No. 12-461V
Petitioner, * Special Master Christian J. Moran
*
v. *
*
SECRETARY OF HEALTH * Filed: April 21, 2014
AND HUMAN SERVICES, *
* Attorneys’ fees, amount awarded
Respondent. * to which Respondent does not object.
* * * * * * * * * * * * * * * * * * * * * * * * *
UNPUBLISHED DECISION ON FEES AND COSTS1
Franklin John Caldwell , Jr., Maglio Christopher & Toale, PA, Sarasota, FL, for Petitioner;
Alexis B Babcock, U.S. Department of Justice, Washington, D.C., for Respondent.
Petitioner Joseph Monteleone filed an application for attorneys’ fees and costs on April
17, 2014. The Court awards the amount to which respondent does not object.
Petitioner claimed that the trivalent influenza vaccination caused Guillain-Barre
syndrome. See Petition, filed July, 23 2012. Respondent denied that petitioner’s GBS was
caused-in-fact by the influenza vaccination, and denies that the vaccine caused any other injury
or his current condition. However, the parties agreed to an award of damages. Decision, dated
April 8, 2014.
Petitioner seeks a total of $20,656.41 in attorneys’ fees and costs for petitioner’s counsel.
Additionally, in lieu of filing a statement of costs in compliance with General Order No. 9,
petitioner’s counsel reported in the stipulation of facts that petitioner incurred no reimbursable
costs in pursuit of his claim. Respondent does not object to this application for attorneys’ fees
and costs.
1 The E-Government Act of 2002, Pub. L. No. 107-347, 116 Stat. 2899, 2913 (Dec. 17,
2002), requires that the Court post this decision on its website. Pursuant to Vaccine Rule 18(b),
the parties have 14 days to file a motion proposing redaction of medical information or other
information described in 42 U.S.C. § 300aa-12(d)(4). Any redactions ordered by the special
master will appear in the document posted on the website.

Case 1:12-vv-00461-UNJ Document 43 Filed 05/16/14 Page 2 of 2
After reviewing the request, the court awards $20,656.41 in attorneys’ fees and other
litigation costs. A check in this amount shall be made payable to petitioner and his attorney.
The court thanks the parties for their cooperative efforts in resolving this matter.
The Clerk shall enter judgment accordingly.2
IT IS SO ORDERED.
S/ Christian J. Moran
____________________________
Christian J. Moran
Special Master
2 Pursuant to Vaccine Rule 11(a), the parties can expedite entry of judgment by each party filing
a notice renouncing the right to seek review by a United States Court of Federal Claims judge.
2