VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_13-vv-00110
Package ID: USCOURTS-cofc-1_13-vv-00110
Petitioner: John Driscoll
Filed: 2013-02-07
Decided: 2015-03-09
Vaccine: influenza
Vaccination date: 2011-09-22
Condition: severe sensory motor polyneuropathy
Outcome: compensated
Award amount USD: 130000

AI-assisted case summary:
John Driscoll filed a petition on February 7, 2013, alleging that an influenza (flu) vaccination he received on September 22, 2011 caused him to develop severe sensory motor polyneuropathy and that he experienced the residual effects of this injury for more than six months. Respondent denied that the flu vaccine caused petitioner's polyneuropathy or any other injury, denied that his current disabilities are sequelae of this injury, and denied that he experienced residual effects for more than six months.

Nonetheless, both parties agreed to a joint stipulation filed November 5, 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 $130,000.00, representing compensation for all damages available under 42 U.S.C. § 300aa-15(a). The parties subsequently agreed to attorneys' fees and costs of $25,000.00, payable jointly to petitioner and his counsel, Danielle Strait of Maglio, Christopher & Toale, PA. Petitioner had not personally incurred any out-of-pocket litigation expenses.

Theory of causation field:
Flu Sep 22, 2011 → severe sensory motor polyneuropathy. Joint stipulation Nov 5, 2014; SM Moran. Comp $130,000. Fees $25,000 (Strait, Maglio Christopher & Toale PA, Sarasota FL).

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_13-vv-00110-0
Date issued/filed: 2014-12-09
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 11/10/2014) regarding 51 DECISION Stipulation. Signed by Special Master Christian J. Moran. (tpj) Copy to parties.
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Case 1:13-vv-00110-UNJ Document 55 Filed 12/09/14 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
* * * * * * * * * * * * * * * * * * * * *
JOHN DRISCOLL , * No. 13-110V
*
Petitioner, * Special Master Moran
*
v. * Filed: November 10, 2014
*
SECRETARY OF HEALTH * Stipulation; Influenza vaccine;
AND HUMAN SERVICES, * sensory motor polyneuropathy.
*
Respondent. *
* * * * * * * * * * * * * * * * * * * * *
Danielle Strait, Maglio, Christopher & Toale, PA, Sarasota, FL, for Petitioner;
Heather Pearlman, United States Dep’t of Justice, Washington, DC, for
Respondent.
UNPUBLISHED DECISION1
On November 5, 2014, respondent filed a joint stipulation concerning the
petition for compensation filed by John Driscoll on February 7, 2013. In his
petition, Mr. Driscoll alleged that the influenza vaccine, which is contained in the
Vaccine Injury Table (the “Table”), 42 C.F.R. §100.3(a), and which he received on
September 22, 2011, caused him to suffer severe sensory motor polyneuropathy.
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 condition.
Respondent denies that petitioner suffered severe sensory motor
polyneuropathy or any other injury that was caused-in-fact by his September 22,
2011 influenza vaccination; denies that his current disabilities are sequelae of this
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 1:13-vv-00110-UNJ Document 55 Filed 12/09/14 Page 2 of 7
injury; and denies that he experienced the residual effects of his injury for more
than six months.
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 $130,000.00 in the form of a check payable to petitioner,
John Driscoll. 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 13-110V 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::1133--vvvv--0000111100--UUNNJJ DDooccuummeenntt 4585 FFiilleedd 1112//0059//1144 PPaaggee 13 ooff 57

CCaassee 11::1133--vvvv--0000111100--UUNNJJ DDooccuummeenntt 4585 FFiilleedd 1112//0059//1144 PPaaggee 24 ooff 57

CCaassee 11::1133--vvvv--0000111100--UUNNJJ DDooccuummeenntt 4585 FFiilleedd 1112//0059//1144 PPaaggee 35 ooff 57

CCaassee 11::1133--vvvv--0000111100--UUNNJJ DDooccuummeenntt 4585 FFiilleedd 1112//0059//1144 PPaaggee 46 ooff 57

CCaassee 11::1133--vvvv--0000111100--UUNNJJ DDooccuummeenntt 4585 FFiilleedd 1112//0059//1144 PPaaggee 57 ooff 57

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DOCUMENT 2: USCOURTS-cofc-1_13-vv-00110-1
Date issued/filed: 2015-03-09
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 02/11/2015) regarding 59 DECISION Fees Stipulation. Signed by Special Master Christian J. Moran. (tpj) Copy to parties.
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Case 1:13-vv-00110-UNJ Document 62 Filed 03/09/15 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
* * * * * * * * * * * * * * * * * * * * *
JOHN DRISCOLL , * No. 13-110V
*
Petitioner, * Special Master Moran
*
v. * Filed: February 11, 2015
*
SECRETARY OF HEALTH * Attorneys’ fees and costs; award
AND HUMAN SERVICES, * in the amount to which
* respondent does not object.
Respondent. *
* * * * * * * * * * * * * * * * * * * * *
Danielle Strait, Maglio, Christopher & Toale, PA, Sarasota, FL, for Petitioner;
Heather Pearlman, United States Dep’t of Justice, Washington, DC, for
Respondent.
UNPUBLISHED DECISION ON FEES AND COSTS1
On February 10, l2015, petitioner filed a stipulation of fact concerning final
attorneys’ fees and costs in the above-captioned matter. Previously, petitioner
informally submitted a draft application for attorneys’ fees and costs to respondent
for review. Upon review of petitioner’s application, respondent raised objections
to certain items. Based on subsequent discussions, petitioner amended his
application to request $25,000.00, an amount to which respondent does not object.
The Court awards this amount.
On February 7, 2013, John Driscoll filed a petition for compensation
alleging that the influenza vaccine, which he received on September 22, 2011,
caused him to suffer severe sensory motor polyneuropathy. Petitioner received
compensation based upon the parties’ stipulation. Decision, filed Nov. 10, 2014.
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 1:13-vv-00110-UNJ Document 62 Filed 03/09/15 Page 2 of 2
Because petitioner received compensation, he is entitled to an award of attorneys’
fees and costs. 42 U.S.C. § 300aa-15(e).
Petitioner seeks a total of $25,000.00 in attorneys’ fees and costs for his
counsel. Additionally, in compliance with General Order No. 9, petitioner states
that he incurred no out-of-pocket litigation expenses while pursuing this claim.
Respondent has no objection to the amount requested for attorneys’ fees and costs.
After reviewing the request, the Court awards the following:
A lump sum of $25,000.00 in the form of a check made payable to
petitioner and petitioner’s attorney,Danielle Strait, for attorneys’ fees
and other litigation costs available under 42 U.S.C. § 300aa-15(e).
The Court thanks the parties for their cooperative efforts in resolving this
matter. The Clerk shall enter judgment accordingly.
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