VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_13-vv-00375
Package ID: USCOURTS-cofc-1_13-vv-00375
Petitioner: Joseph A. Gomes, M.D.
Filed: 2015-04-24
Decided: 2015-07-20
Vaccine: influenza
Vaccination date: 2011-10-31
Condition: psoriasiform dermatitis
Outcome: compensated
Award amount USD: 230000

AI-assisted case summary:
On April 24, 2015, Joseph A. Gomes, M.D., filed a petition alleging that he developed psoriasiform dermatitis caused by an influenza vaccine he received on October 31, 2011. Dr. Gomes further alleged that he experienced residual effects from this condition for more than six months. The respondent, the Secretary of Health and Human Services, denied that the vaccine caused or aggravated his alleged injury. The parties reached a settlement through a stipulation, which was signed by Special Master Laura D. Millman. The stipulation was found to be reasonable, and the court awarded Dr. Gomes $230,000.00 as compensation for all damages. This award was to be paid via a check made payable to Dr. Gomes. Subsequently, on July 20, 2015, the parties filed a separate stipulation regarding attorneys' fees and costs. Following informal discussions where the respondent raised objections to the initial application, Dr. Gomes amended his request. The parties then stipulated to an amount of $54,000.00 for attorneys' fees and costs, which the respondent did not object to. Special Master Millman found this amount to be reasonable and awarded it. This award was to be paid via a check made payable jointly to Dr. Gomes and his attorneys, Maglio, Christopher & Toale, P.A. The public decision does not describe the onset of symptoms, specific medical tests, treatments, or the mechanism of causation.

Theory of causation field:
Petitioner Joseph A. Gomes, M.D., alleged that his October 31, 2011 influenza vaccine caused him to develop psoriasiform dermatitis, with residual effects lasting over six months. Respondent denied causation. The parties stipulated to a settlement. The public text does not detail the specific theory of causation, medical experts, or the mechanism of injury. The case was resolved via stipulation, with an award of $230,000.00 for all damages and an additional $54,000.00 for attorneys' fees and costs, payable jointly to petitioner and Maglio, Christopher & Toale, P.A. Special Master Laura D. Millman issued decisions on April 24, 2015 (damages) and July 20, 2015 (fees and costs).

Public staged source text:

================================================================================
DOCUMENT 1: USCOURTS-cofc-1_13-vv-00375-0
Date issued/filed: 2015-05-15
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 04/24/2015) regarding 40 DECISION Stipulation/Proffer Signed by Special Master Laura D Millman. (tlj) Copy to parties.
--------------------------------------------------------------------------------
Case 1:13-vv-00375-UNJ Document 45 Filed 05/15/15 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 13-375V
Filed: April 24, 2015
Not for Publication
*************************************
JOSEPH A. GOMES, M.D., *
*
Petitioner, *
* Damages decision based on stipulation;
v. * influenza (flu) vaccine; psoriasiform
* dermatitis
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
*
*************************************
Diana Stadelnikas Sedar, Sarasota, FL, for petitioner.
Darryl R. Wishard, Washington, DC, for respondent.
MILLMAN, Special Master
DECISION AWARDING DAMAGES1
On April 24, 2015, 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 psoriasiform
dermatitis that was caused by his October 31, 2011 receipt of influenza (“flu”) vaccine. He
further alleges that he experienced the residual effects of this injury for more than six months.
Respondent denies that the flu vaccine either caused or significantly aggravated petitioner’s
alleged injury or any other injuries, and denies that petitioner’s current disabilities are the result 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-00375-UNJ Document 45 Filed 05/15/15 Page 2 of 7
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 lump sum of
$230,000.00, representing compensation for all damages that would be available under 42 U.S.C.
§ 300aa-15(a) (2006). The award shall be in the form of a check for $230,000.00 made payable 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.2
IT IS SO ORDERED.
Dated: April 24, 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

Case 1:13-vv-00375-UNJ Document 45 Filed 05/15/15 Page 3 of 7

Case 1:13-vv-00375-UNJ Document 45 Filed 05/15/15 Page 4 of 7

Case 1:13-vv-00375-UNJ Document 45 Filed 05/15/15 Page 5 of 7

Case 1:13-vv-00375-UNJ Document 45 Filed 05/15/15 Page 6 of 7

Case 1:13-vv-00375-UNJ Document 45 Filed 05/15/15 Page 7 of 7

================================================================================
DOCUMENT 2: USCOURTS-cofc-1_13-vv-00375-1
Date issued/filed: 2015-08-10
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 07/20/2015) regarding 48 DECISION Fees Stipulation/Proffer Signed by Special Master Laura D Millman. (tlj) Copy to parties.
--------------------------------------------------------------------------------
Case 1:13-vv-00375-UNJ Document 51 Filed 08/10/15 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 13-375V
Filed: July 20, 2015
Not for Publication
*************************************
JOSEPH A. GOMES, M.D., *
*
Petitioner, * Attorneys’ fees and costs decision based on
* stipulation of fact
v. *
*
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
*
*************************************
Diana L. Stadelnikas Sedar, Sarasota, FL, for petitioner.
Darryl R. Wishard, Washington, DC, for respondent.
MILLMAN, Special Master
DECISION AWARDING ATTORNEYS’ FEES AND COSTS1
On July 20, 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 filed a statement on July 20, 2015, asserting 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.
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-00375-UNJ Document 51 Filed 08/10/15 Page 2 of 2
Based on these objections, petitioner amends his application for attorneys’ fees and costs to
$54,000.00. Respondent does not object to this amount. The undersigned finds this amount to
be reasonable. Accordingly, the court awards $54,000.00, 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 $54,000.00.
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: July 20, 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