VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_13-vv-00224
Package ID: USCOURTS-cofc-1_13-vv-00224
Petitioner: Matthew Gorski
Filed: 2014-01-22
Decided: 2014-03-11
Vaccine: influenza
Vaccination date: 2010-10-22
Condition: radial nerve injury
Outcome: compensated
Award amount USD: 112311

AI-assisted case summary:
Matthew Gorski filed a petition on January 22, 2014, alleging that the influenza vaccine he received on October 22, 2010, caused him to suffer a radial nerve injury. The Special Master found Mr. Gorski entitled to compensation on October 28, 2013. Subsequently, on January 3, 2014, the respondent filed a Proffer on Award of Compensation, which petitioner agreed to. Based on this proffer, the court awarded Matthew Gorski a lump sum payment of $100,000.00 for all damages. Later, on March 5, 2014, the parties stipulated to attorneys' fees and costs. Petitioner had requested $12,311.54, and respondent did not object. The court awarded this amount, to be paid as a lump sum to petitioner and his attorney. The total compensation awarded was $112,311.54.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_13-vv-00224-0
Date issued/filed: 2014-01-22
Pages: 4
Docket text: PUBLIC DECISION Signed by Special Master Christian J. Moran. (tjk) Copy to parties.
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Case 1:13-vv-00224-UNJ Document 31 Filed 01/22/14 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
* * * * * * * * * * * * * * * * * * * * * * *
MATTHEW GORSKI, *
* No. 13-224V
Petitioner, * Special Master Christian J. Moran
*
v. * Filed: January 22, 2014
*
SECRETARY OF HEALTH * Damages; decision based on proffer;
AND HUMAN SERVICES, * influenza vaccination; radial nerve
* injury.
Respondent. *
* * * * * * * * * * * * * * * * * * * * * * *
Anne Carrion Toale, Maglio Christopher and Toale, Sarasota, FL, for Petitioner;
Ann Donohue Martin, U.S. Department of Justice, Washington, DC, for Respondent.
UNPUBLISHED DECISION AWARDING DAMAGES1
On March 29, 2013, Matthew Gorski filed a petition seeking compensation under
the National Vaccine Injury Compensation Program, 42 U.S.C. §§ 300aa-1 et seq.,
alleging that the influenza (“flu”) vaccine that he received on October 22, 2010, caused
him to suffer a radial nerve injury. On October 28, 2013, the undersigned found that Mr.
Gorski is entitled to compensation under the Vaccine Act. See Decision, issued Oct. 28,
2013.
On January 3, 2014, respondent filed a Proffer on Award of Compensation, which
petitioner agrees to. Based upon the record as a whole, the special master finds the
proffer reasonable and that petitioner is entitled to an award as stated in the proffer,
attached hereto as “Appendix A.” The court awards petitioner:
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-00224-UNJ Document 31 Filed 01/22/14 Page 2 of 4
A lump sum payment of $100,000.00 in the form of a check payable to
petitioner, Matthew Gorski. This amount represents compensation for all
damages that would be available under 42 U.S.C. §300aa-l 5(a).
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.
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

CCaassee 11::1133--vvvv--0000222244--UUNNJJ DDooccuummeenntt 2361 FFiilleedd 0011//0232//1144 PPaaggee 13 ooff 24
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
____________________________________
)
MATTHEW GORSKI, )
)
Petitioner, )
) No. 13-224V
v. ) Special Master Moran
) ECF
SECRETARY OF HEALTH AND )
HUMAN SERVICES, )
)
Respondent. )
____________________________________)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
I. Items of Compensation
Based upon the evidence of record, respondent proffers that petitioner should be awarded
$100,000.00, which represents all elements of compensation to which petitioner would be
entitled under 42 U.S.C. § 300aa-15(a). Petitioner agrees.
II. Form of the Award
The parties recommend that the compensation provided to petitioner should be made
through a lump sum payment of $100,000.00 in the form of a check payable to petitioner.
Petitioner agrees.
Respectfully submitted,
STUART F. DELERY
Assistant Attorney General
RUPA BHATTACHARYYA
Director
Torts Branch, Civil Division
VINCENT J. MATANOSKI
Deputy Director
Torts Branch, Civil Division

CCaassee 11::1133--vvvv--0000222244--UUNNJJ DDooccuummeenntt 2361 FFiilleedd 0011//0232//1144 PPaaggee 24 ooff 24
LINDA S. RENZI
Senior Trial Counsel
Torts Branch, Civil Division
s/ ANN D. MARTIN
ANN D. MARTIN
Senior Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146
Benjamin Franklin Station
Washington, D.C. 20044-0146
Tel.: (202) 307-1815
DATED: January 3, 2014
2

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DOCUMENT 2: USCOURTS-cofc-1_13-vv-00224-1
Date issued/filed: 2014-04-09
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 03/11/2014) regarding 34 DECISION of Special Master - Fees Signed by Special Master Christian J. Moran. (tpj) Copy to parties.
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Case 1:13-vv-00224-UNJ Document 37 Filed 04/09/14 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
* * * * * * * * * * * * * * * * * * * * * * *
MATTHEW GORSKI, *
* No. 13-224V
Petitioner, * Special Master Christian J. Moran
*
v. * Filed: March 11, 2014
*
SECRETARY OF HEALTH * Attorneys’ fees and costs; award
AND HUMAN SERVICES, * in the amount to which
* respondent does not object.
Respondent. *
* * * * * * * * * * * * * * * * * * * * * * *
Anne Carrion Toale, Maglio Christopher and Toale, Sarasota, FL, for Petitioner;
Ann Donohue Martin, U.S. Department of Justice, Washington, DC, for Respondent.
UNPUBLISHED DECISION ON FEES AND COSTS1
On March 5, 2014, respondent filed a stipulation of fact concerning final
attorney’s fees and costs in the above-captioned matter. Previously, petitioner informally
submitted a draft application for attorneys’ fees and costs to respondent for review. In
this draft application, petitioner requested $12,311.54 for attorneys’ fees and costs, an
amount to which respondent does not object. The Court awards this amount.
On March 29, 2013, Matthew Gorski filed a petition for compensation alleging
that the influenza (“flu”) vaccine that he received on October 22, 2010, caused him to
suffer a radial nerve injury. Petitioner received compensation based upon proffer.
Decision, filed Jan. 22, 2014. 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 $12,311.54 in attorneys’ fees and costs for his counsel.
Additionally, in compliance with General Order No. 9, petitioner states that he incurred
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-00224-UNJ Document 37 Filed 04/09/14 Page 2 of 2
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 $12,311.54 in the form of a check made payable to petitioner
and petitioner’s attorney, Anne Carrion Toale of the law firm of Maglio
Christopher and Toale, 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.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.