VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_13-vv-00199
Package ID: USCOURTS-cofc-1_13-vv-00199
Petitioner: Eileen Goeschel
Filed: 2013-03-19
Decided: 2014-05-01
Vaccine: influenza
Vaccination date: 2011-11-29
Condition: Guillain-Barré Syndrome (“GBS”)
Outcome: compensated
Award amount USD: 150106

AI-assisted case summary:
Eileen Goeschel filed a petition on March 19, 2013, alleging that an influenza vaccine she received on November 29, 2011, caused her to develop Guillain-Barré Syndrome (GBS). The respondent denied that the flu vaccine caused petitioner's GBS or any other injury. The parties, however, agreed to a joint stipulation filed on April 8, 2014, to settle the case. Special Master Christian J. Moran reviewed the stipulation, found it reasonable, and adopted it as the decision of the Court. The decision awarded compensation in the form of a lump sum of $150,000.00, representing all damages available under 42 U.S.C. § 300aa-15(a). Additionally, petitioner received $106.04 for out-of-pocket expenses incurred in proceeding with the petition. Attorneys' fees and costs totaling $24,921.60 were awarded jointly to petitioner and her counsel, Danielle A. Strait of Maglio Christopher & Toale, PA. The public decision does not describe the onset of symptoms, specific medical tests, or treatments. The stipulation explicitly states that it is not an admission by the United States or the Secretary of Health and Human Services that the flu vaccine caused petitioner's alleged GBS or any other injury.

Theory of causation field:
Petitioner Eileen Goeschel alleged that an influenza vaccine received on November 29, 2011, caused her to develop Guillain-Barré Syndrome (GBS). Respondent denied causation. The parties entered into a joint stipulation on April 8, 2014, to settle the case. Special Master Christian J. Moran adopted the stipulation as the Court's decision. The award included a lump sum of $150,000.00 for damages under 42 U.S.C. § 300aa-15(a), $106.04 for out-of-pocket expenses, and $24,921.60 for attorneys' fees and costs, jointly payable to petitioner and her counsel, Danielle A. Strait of Maglio Christopher & Toale, PA. The stipulation explicitly stated it was not an admission of causation. The public text does not detail the specific medical mechanism or expert testimony.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_13-vv-00199-0
Date issued/filed: 2014-05-01
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 04/09/2014) regarding 38 DECISION Stipulation/Proffer. Signed by Special Master Christian J. Moran. (tpj) Copy to parties.
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Case 1:13-vv-00199-UNJ Document 42 Filed 05/01/14 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
* * * * * * * * * * * * * * * * * * * * **
EILEEN GOESCHEL, * No. 13-199V
* Special Master Christian J. Moran
Petitioner, *
* Filed: April 9, 2014
v. *
* Stipulation; influenza ("flu") vaccine;
SECRETARY OF HEALTH * Guillain-Barré Syndrome (“GBS”).
AND HUMAN SERVICES, *
*
Respondent. *
* * * * * * * * * * * * * * * * * * * * **
Danielle A. Strait, Maglio, Christopher & Toale, PA, for Petitioner;
Claudia B. Gangi, U.S. Department of Justice, Washington, D.C., for Respondent.
UNPUBLISHED DECISION1
On April 8, 2014, respondent filed a joint stipulation concerning the petition
for compensation filed by Eileen Goeschel on March 19, 2013. In her petition,
petitioner alleged that the influenza (“flu”) vaccine, which is contained in the
Vaccine Injury Table (the “Table”), 42 C.F.R. §100.3(a), and which she received
on November 29, 2011, caused her to suffer Guillain-Barré Syndrome (“GBS”).
Petitioner further represents that there has been no prior award or settlement of a
civil action for damages on her behalf as a result of her condition.
Respondent denies that the flu vaccine caused petitioner's alleged GBS, any
other injury, or her current disabilities.
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-00199-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 and attorneys’ fees and costs, on the
terms set forth therein.
Damages and attorneys’ fees and costs awarded in that stipulation include:
a) A lump sum of $150,000.00 in the form of a check payable to
petitioner. This amount represents compensation for all damages
that would be available under 42 U.S.C. § 300aa-l 5(a);
b) A lump sum of $106.04 in the form of a check payable to petitioner,
Eileen Goeschel. This amount represents compensation for out-of-
pocket expenses incurred by petitioner in proceeding on the petition;
c) A Jump sum of $24,921.60 in the form of a check jointly payable to
petitioner and petitioner's attorney, Danielle A. Strait, of the law
firm Maglio Christopher & Toale, PA, for attorneys' fees and costs
available under 42 U.S.C. § 300aa-15(e).
In the absence of a motion for review filed pursuant to RCFC, Appendix B,
the clerk is directed to enter judgment in case 13-199V according to this decision
and the attached stipulation.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.

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
)
EILEEN GOESCHEL, )
)
Petitioner, )
) No. 13-199V
v. ) Special Master Moran
) ECF
SECRETARY OF HEALTH AND )
HUMAN SERV ICES, )
)
Respondent. )
STIPULATION
The parties hereby stipulate to the following matters:
1. Eileen Goeschel, petitioner, filed a petition for vaccine compensation under the
National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10 to 34 (the "Vaccine
Program"). The petition seeks compensation for injuries allegedly related to petitioner's receipt
of the influenza ("flu") vaccine, which is contained in the Vaccine Injury Table (the "Table"), 42
C.F.R. § I 00.3 (a).
2. Petitioner receivt:d her flu immunization on November 29, 201 I.
3. The vaccine was administered within the United States.
4. Petitioner alleges that the flu vaccine caused her alleged Guillain-Barre Syndrome
("OBS").
5. Petitioner represents that there has been no prior award or settlement of a civil action
for damages on her behalf as a result of her condition.
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6. Respondent denies tbat the flu vaccine caused petitioner's alleged OBS, any other
injury, or her current disabilities.
7. Maintaining their above-stated positions, the parties nevertheless now agree that the
issues between them shall be settled and that a decision should be entered awarding the
compensation described in paragraph 8 of this Stipulation.
8. As soon as practicable after an entry ofj udgment reflecting a decision consistent with
the terms of this Stipulation, and after petitioner has flied an election to receive compensation
pursuant to 42 U.S.C. § 300aa-2l(a)(l), lhe Secretary of Health and Human Services will issue
the foUowing vaccine compensation payments:
a. A lump sum of $150,000.00 in the form of a check payable to pelitioner. This
amount represents compensation for all damages that would be available under 42
U.S.C. § 300aa-l 5(a);
b. A lump sum of $106.04 in the form of a check payable to petitioner. This
amount represents compensation for out-of-pocket expenses incurred by petitioner in
proceeding on the petition; and
c. A Jump sum of$24,92I.60 in the form of a check jointly payable to petitioner
and petitioner's attorney, Danielle A. Strait, MAGLIO CHRISTOPHER & TOALE,
PA, for attorneys' fees and costs available under 42 U.S.C. § 300aa-15(e).
9. Petitioner and her attorney represent that compensation to be provided pursuant to this
Stipulation is not for aryy items or services for which the Program is not primarily liable under 42
U.S.C. § 300aa-l 5(g), to the extent that payment has been made or can reasonably be expected to
be made t!nder any State compensation programs, in.surance policies, Federnl or State health
benefits programs (other than Title XlX of the Social Security Act (42 U.S.C. § 1396 et seq.)), or
by entities that provide health services on a pre-paid basis.
2

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l 0. Payments made pursuant to paragraph 8 of this Stipulation will be made in
accordance with 42 U:S.C. § 300aa-15(i), subject to the availability of sufficient statutory funds.
11. The parties and their attorneys further agree and stipulate that, except for any award
of attorneys' fees and litigation costs, and past unreimbursed expenses, the money provided
pursuant to this Stipulation will be used solely for the benefit of petitioner as contemplated by a
strict construction of 42 U.S.C. § 300aa-15(a) and (d), and subject to the conditions of 42 U.S.C.
§ 300aa-I 5(g) and (h).
12. In return for the payments described in paragraph 8, petitioner, in her individual
capacity and on behalf of her heirs, executors, administrators, successors or assigns, does forever
irrevocably and unconditionally release, acquit and discharge the United States and the Secretary
of Health and Human Services from any and all actions or causes of action (including
agreements, judgments, claims, damages, loss of services, expenses and all demands of whatever
kind or nature) that have been brought, could have been brought, or could be timely brought in
the Court of Federal Claims, under the National Vaccine Injury Compensation Program, 42
U.S.C. § 300aa-10 et seq., on account of, or in any way growing out of, any and all known or
unknown, suspected or unsuspected personal injuries to or death of petitioner resulting from, o·r
alleged to have resulted from, the flu vaccination administered on November 29, 2011, as alleged
by petitioner in a petition for vaccine compensation filed on or about March 19, 2013, in the
United Stutes Court of Federal Claims as petition No. 13-199V.
13. If petitioner should die prior to entry ofj udgment, this agreement shall be voidable
upon proper notice to the Court on behalf of either or both of the parties.
14. If the spec\al master fails to issue a decision in complete conformity with the terms
of this Stipulation or if the Cowt of Federal Clnims fails lo i.:nter judgment in conformity with a
3

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decision that is in complete conformity with the terms of this Stipulation, then the parties'
settlement and this Stipulation shall be voidable at the sole discretion of either party.
15. This Stipulation expresses a full and complete negotiated settlement of liability and
damages claimed under the National Childhood Vaccine Injury Act of 1986, as amended. There
is absolutely no agreement on the part of the parties hereto lo make any payment or to do any act
or thing other than is herein expressly stated and clearly agreed to. The parties further agree and
understand that the award described in this Stipulation may reflects a compromise of the patiies'
respective positions as to liability and/or amount of damages, and further, that a change in the
nature of the injury or condition or in the items of compensation sought, is not grounds to modify
or revise this agreement.
16. This Stipulation shall not be constrned as an admission by the United States or the
Secretary of Health and Human Services that flu vaccine caused petitioner's alleged GBS, nny
other injury, or her current disabilities.
17. All rights and obligations of petitioner hereunder shall apply equally to petitioner's
heirs, executors, administrators, successors, and/or assigns.
END OF STIPULATION
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04/07/2014 13:08 2093670826 LODI PACK & SHIP PAGE 02/02
Respectfully submitted,
g~~
EILEEN GOESCHEL
A'M'ORNEY OF RECORD FOR AUTHORIZED .R£PRE8ENTA'.l'IVE
PETm . OF Tim AITORNEY GENERAL:
1'i~
AN A. S1RAIT, ESQUIRE
MAOLJO CHIRSTOPllER & TO~ PA Deputy Pitootor
16().S M1dn Street, Suite 710 Tortv Branch
Sl!fflsotil, FL 34236 Clvll Divis.ion .
Tel: (888) 952-5242 U.S. Departrocmt of Justice
P. O.Box 146
B'cnJmnJn Franklin Station
Washington, DC20044--0146
AlJTHORIZll> REPRESENTATIVE OF aTTORNEYOFRXCORDFOR
THE SECRET :Y 0 ALTR AND Rl!'.SPONDENT:
HUMAN SE,A'tlr/nr_c:
cu~,
VITO CAS , M.D., M.P Jl.
/\cting DJrc<:tor, Division ofY1 1ooine S~or1\ial Attorney
IJtjury COmperunrtion (DVlC) Torts Branch
Director, Coimtermeasuros Injl.ll'Y Civil Divlslcn
Compcasatlon Progwn (CICP) U. S. Dopartn'lcnt of J~
Healthcare Systems Buroau P. 0, Boie 146
U~S. t>tpartmenfofHealth and Human Services Benjamtn Franklin Statton
5600 Fishers Uin1> Washington, DC 20044-0146
Parklawn Building, Stop l 1C·26 Tel! (202) 6J6-4138
lloo.kvillc, MD 20857
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