VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_13-vv-00073 Package ID: USCOURTS-cofc-1_13-vv-00073 Petitioner: Richard Plantz Filed: 2015-01-14 Decided: 2015-07-20 Vaccine: influenza Vaccination date: Condition: Guillain-Barré Syndrome (GBS) Outcome: compensated Award amount USD: 261698.93 AI-assisted case summary: Richard Plantz filed a petition on January 14, 2015, alleging that he suffered Guillain-Barré Syndrome (GBS) as a result of receiving an influenza vaccine. The respondent denied that the flu vaccine caused Mr. Plantz's GBS. However, both parties agreed to settle the case through a stipulation filed on January 13, 2015. The court reviewed the stipulation and found it to be reasonable, adopting it as its decision. The stipulation awarded Mr. Plantz a lump sum of $234,501.30 for first-year life care expenses, pain and suffering, and past unreimbursable expenses. Additionally, an amount sufficient to purchase an annuity was awarded, which would provide an annual payment of $49,640.00 for the remainder of his life, increasing by 3% annually. Subsequently, on June 29, 2015, the parties filed another joint stipulation regarding attorney's fees and costs. They agreed that Petitioner's counsel should receive $27,197.63. The court approved this amount as reasonable and directed that judgment be entered accordingly. The total award, including the lump sum, annuity, and attorney fees, amounted to $261,698.93. Theory of causation field: unclear Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_13-vv-00073-0 Date issued/filed: 2015-02-10 Pages: 9 Docket text: PUBLIC DECISION (Originally filed: 01/13/2015) regarding 37 DECISION Stipulation/Proffer Signed by Special Master Brian H. Corcoran. (ag) Copy to parties. -------------------------------------------------------------------------------- Case 1:13-vv-00073-UNJ Document 41 Filed 02/10/15 Page 1 of 9 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 13-73V (Not to be published) * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * RICHARD PLANTZ, * * Petitioner, * Filed: January 14, 2015 * v. * Decision by Stipulation; Damages; * Influenza (“Flu”) Vaccine; * Guillain-Barré Syndrome (“GBS”) SECRETARY OF HEALTH AND * HUMAN SERVICES, * * Respondent. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Isaiah Richard Kalinowski, Maglio Christopher and Toale, PA (DC), for Petitioner. Claudia Barnes Gangi, U.S. Dep’t of Justice, Washington, DC, for Respondent DECISION AWARDING DAMAGES1 On January 29, 2013, Petitioner Richard Plantz filed a petition seeking compensation under the National Vaccine Injury Compensation Program (“the Vaccine Program”).2 Petitioner 1 Because this decision contains a reasoned explanation for my action in this case, I will 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)). As provided by 42 U.S.C. § 300aa-12(d)(4)(B), however, the parties may object to the posted decision’s inclusion of certain kinds of confidential information. Specifically, under 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). Otherwise, the whole decision will be available to the public. (Id.) 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.A. ' 300aa-10-' 300aa-34 (West 1991 & Supp. 2002). All citations in this decision to individual sections of the Vaccine Act are to 42 U.S.C.A. ' 300aa. Case 1:13-vv-00073-UNJ Document 41 Filed 02/10/15 Page 2 of 9 alleges that he suffered Guillain-Barré syndrome (“GBS”) and related complications as a result of receiving an influenza (“flu”) vaccine. Respondent denies that Petitioner’s GBS and any related medical problems were caused by the receipt of the flu vaccine. Nonetheless both parties, while maintaining their above-stated positions, agreed in a stipulation filed January 13, 2015 that the issues before them can be settled and that a decision should be entered awarding Petitioner compensation. I have reviewed the file, and based upon that review, I conclude that the parties’ stipulation is reasonable. I therefore adopt it as my decision in awarding damages on the terms set forth therein. The stipulation awards: a. A lump sum of $234,501.30 in the form of a check payable to petitioner. This amount represents compensation for first year life care expenses ($75,740.00), pain and suffering ($150,000.00), and past unreimbursable expenses ($8,761.30); and b. An amount sufficient to purchase the annuity contract (which beginning on the first anniversary of the date of judgment will pay an annual amount of $49,640.00 to the Petitioner for the remainder of Petitioner’s life, increasing at the rate of three percent (3%), compounded annually from the date of judgment), paid to the life insurance company from which the annuity will be purchased. Stipulation ¶¶ 8 and 10. I approve a Vaccine Program award in the requested amount set forth above to be made 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.3 IT IS SO ORDERED. /s/ Brian H. Corcoran Brian H. Corcoran Special Master 3 Pursuant to Vaccine Rule 11(a), the parties may expedite entry of judgment by jointly filing notice renouncing their right to seek review. 2 Case 1:13-vv-00073-UNJ Document 41 Filed 02/10/15 Page 3 of 9 Case 1:13-vv-00073-UNJ Document 41 Filed 02/10/15 Page 4 of 9 Case 1:13-vv-00073-UNJ Document 41 Filed 02/10/15 Page 5 of 9 Case 1:13-vv-00073-UNJ Document 41 Filed 02/10/15 Page 6 of 9 Case 1:13-vv-00073-UNJ Document 41 Filed 02/10/15 Page 7 of 9 Case 1:13-vv-00073-UNJ Document 41 Filed 02/10/15 Page 8 of 9 Case 1:13-vv-00073-UNJ Document 41 Filed 02/10/15 Page 9 of 9 ================================================================================ DOCUMENT 2: USCOURTS-cofc-1_13-vv-00073-1 Date issued/filed: 2015-07-20 Pages: 2 Docket text: PUBLIC DECISION (Originally filed: 6/29/2015) regarding 44 DECISION Fees Stipulation. Signed by Special Master Brian H. Corcoran. (ag) Copy to parties. -------------------------------------------------------------------------------- Case 1:13-vv-00073-UNJ Document 47 Filed 07/20/15 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 13-73V (Not to be published) * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * RICHARD PLANTZ, * * Filed: June 29, 2015 Petitioner, * * Decision by Stipulation; Attorney’s v. * Fees & Costs * SECRETARY OF HEALTH AND * HUMAN SERVICES, * * Respondent. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Isaiah Richard Kalinowski, Maglio Christopher and Toale, PA, Washington, DC, for Petitioner Claudia Barnes Gangi, U.S. Dep’t of Justice, Washington, DC, for Respondent ATTORNEY’S FEES AND COSTS DECISION1 On January 29, 2013, Richard Plantz filed a petition seeking compensation under the National Vaccine Injury Compensation Program. On January 13, 2015, the parties filed a stipulation detailing an amount to be awarded to Petitioner. I subsequently issued a decision finding the parties’ stipulation to be reasonable and granting Petitioner the award outlined by the stipulation. On June 29, 2015, counsel for both parties filed another joint stipulation, this time in regards to attorney’s fees and costs. The parties have stipulated that Petitioner’s counsel should receive a lump sum of $27,197.63, in the form of a check payable to Petitioner and Petitioner’s 1 Because this decision contains a reasoned explanation for my actions in this case, I will post it 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 (Dec. 17, 2002) (current version at 44 U.S.C. § 3501 (2014)). As provided by 42 U.S.C. § 300aa- 12(d)(4)(B), however, the parties may object to the published decision’s inclusion of certain kinds of confidential information. Specifically, under Vaccine Rule 18(b), each party has fourteen 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). Otherwise, the whole decision will be available to the public. Id. Case 1:13-vv-00073-UNJ Document 47 Filed 07/20/15 Page 2 of 2 counsel. This amount represents a sum to which Respondent does not object. In addition, and in compliance with General Order No. 9, Petitioner has represented that he did incur any reimbursable costs in proceeding on this petition. I approve the requested amount for attorney’s fees and costs as reasonable. Accordingly, an award should be made in the form of a check in the amount of $27,197.63 payable jointly to Petitioner and Petitioner’s counsel, Isaiah Richard Kalinowski. In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of the court SHALL ENTER JUDGMENT in accordance with the terms of the parties’ stipulation.2 IT IS SO ORDERED. /s/ Brian H. Corcoran Brian H. Corcoran Special Master 2 Pursuant to Vaccine Rule 11(a), the parties may expedite entry of judgment by filing a joint notice renouncing their right to seek review.