VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_13-vv-00134 Package ID: USCOURTS-cofc-1_13-vv-00134 Petitioner: Craig A. Sigel Filed: 2014-10-16 Decided: 2015-04-13 Vaccine: influenza Vaccination date: 2011-10-17 Condition: Guillain-Barré Syndrome (GBS) Outcome: compensated Award amount USD: 1283495 AI-assisted case summary: Craig A. Sigel filed a petition alleging that he suffered from Guillain-Barré Syndrome (GBS) caused by an influenza vaccine he received on October 17, 2011, and experienced residual effects for more than six months. The respondent 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 the denials, the parties reached a stipulation to resolve the matter. The court adopted the stipulation and awarded compensation. This included a lump sum of $1,208,458.33 for first-year life care expenses, lost earnings, pain and suffering, and past unreimbursable expenses. Additionally, $72,437.18 was awarded to reimburse a Medicaid lien, and an amount sufficient to purchase an annuity contract was also granted. Subsequently, the parties filed a stipulation for attorneys' fees and costs, agreeing to an award of $75,000.00, which the court approved. The total compensation awarded was $1,283,495.33. Theory of causation field: unclear Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_13-vv-00134-0 Date issued/filed: 2014-11-06 Pages: 11 Docket text: PUBLIC DECISION (Originally filed: 10/16/2014) regarding 37 DECISION Stipulation/Proffer Signed by Special Master Laura D Millman. (tlj) Copy to parties. -------------------------------------------------------------------------------- Case 1:13-vv-00134-UNJ Document 42 Filed 11/06/14 Page 1 of 11 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 13-134V Filed: October 16, 2014 Not for Publication ************************************* CRAIG A. SIGEL, * * Petitioner, * * Damages decision based on stipulation; v. * influenza (flu) vaccine; Guillain-Barré * Syndrome (GBS) 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 DAMAGES1 On October 16, 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 from Guillain-Barré Syndrome (“GBS”) that was caused by his receipt of influenza (“flu”) vaccine on October 17, 2011. He further alleges that he experienced the residual effects of this injury for more than six months. Respondent denies that the flu vaccine caused petitioner to suffer from GBS or any other injury and further denies that petitioner’s current disabilities are sequelae of a vaccine-related injury. Nonetheless, the parties agreed to resolve this matter informally. 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’ 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 1:13-vv-00134-UNJ Document 42 Filed 11/06/14 Page 2 of 11 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 $1,208,458.33, representing compensation for first year life care expenses ($311,644.01), lost earnings ($612,303.45), pain and suffering ($239,827.85), and past unreimbursable expenses ($44,683.02). The award shall be in the form of a check for $1,208,458.33 made payable to petitioner; b. a lump sum of $72,437.18, representing reimbursement of a Commonwealth of Massachusetts Medicaid lien. The award shall be in the form of a check for $72,437.18 made payable jointly to petitioner and COMMONWEALTH OF MASSACHUSETTS – CRU COMMONWEALTH OF MA Casualty Recovery P.O. Box 417811 Boston, MA 02241-7811 Attn: Stacey Alvarado Petitioner agrees to endorse the check to the Commonwealth of Massachusetts – CRU; and c. an amount sufficient to purchase the annuity contract described in paragraph 10 of the attached stipulation. The award shall be in the form of a check made payable 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: October 16, 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 1:13-vv-00134-UNJ Document 42 Filed 11/06/14 Page 3 of 11 Case 1:13-vv-00134-UNJ Document 42 Filed 11/06/14 Page 4 of 11 Case 1:13-vv-00134-UNJ Document 42 Filed 11/06/14 Page 5 of 11 Case 1:13-vv-00134-UNJ Document 42 Filed 11/06/14 Page 6 of 11 Case 1:13-vv-00134-UNJ Document 42 Filed 11/06/14 Page 7 of 11 Case 1:13-vv-00134-UNJ Document 42 Filed 11/06/14 Page 8 of 11 Case 1:13-vv-00134-UNJ Document 42 Filed 11/06/14 Page 9 of 11 Case 1:13-vv-00134-UNJ Document 42 Filed 11/06/14 Page 10 of 11 Case 1:13-vv-00134-UNJ Document 42 Filed 11/06/14 Page 11 of 11 ================================================================================ DOCUMENT 2: USCOURTS-cofc-1_13-vv-00134-1 Date issued/filed: 2015-05-13 Pages: 2 Docket text: PUBLIC DECISION (Originally filed: 04/13/2015) regarding 44 DECISION Fees Stipulation/Proffer Signed by Special Master Laura D Millman. (tlj) Copy to parties. -------------------------------------------------------------------------------- Case 1:13-vv-00134-UNJ Document 47 Filed 05/13/15 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 13-134V Filed: April 13, 2015 Not for Publication ************************************* CRAIG A. SIGEL, * * 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 April 13, 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 1:13-vv-00134-UNJ Document 47 Filed 05/13/15 Page 2 of 2 attorneys’ fees and costs to $75,000.00. Respondent does not object to this amount. The undersigned finds this amount to be reasonable. Accordingly, the court awards $75,000.00, 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 $75,000.00. 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: April 13, 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