VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_13-vv-00387
Package ID: USCOURTS-cofc-1_13-vv-00387
Petitioner: David Tomaso
Filed: 2013-06-10
Decided: 2014-06-03
Vaccine: influenza
Vaccination date: 2010-09-08
Condition: Guillain Barré Syndrome (GBS)
Outcome: compensated
Award amount USD: 75000

AI-assisted case summary:
David Tomaso filed a petition on June 10, 2013, alleging that an influenza (flu) vaccination he received on September 8, 2010, caused him to develop Guillain-Barré Syndrome (GBS). The respondent denied that the flu vaccine caused Mr. Tomaso's GBS or any other injury. On May 12, 2014, both parties filed a joint stipulation to settle the case. Special Master Thomas L. Gowen reviewed the stipulation, found it reasonable, and adopted it as the decision of the Court. Mr. Tomaso was awarded a lump sum of $75,000.00, representing compensation for all damages available under 42 U.S.C. § 300aa-15(a). The parties also agreed to attorneys' fees and costs in the amount of $25,000.00, payable jointly to Mr. Tomaso and his counsel, James E. Thompson of The Law Offices of Joseph V. Roddy. Mr. Tomaso had not personally incurred any out-of-pocket litigation expenses. The public decision does not describe the onset of symptoms, specific medical tests, treatments, or the mechanism of causation.

Theory of causation field:
Petitioner David Tomaso alleged that an influenza vaccine administered on September 8, 2010, caused him to develop Guillain-Barré Syndrome (GBS). The respondent denied causation. The parties entered into a joint stipulation on May 12, 2014, agreeing to a settlement. Special Master Thomas L. Gowen adopted the stipulation, awarding petitioner $75,000.00 for all damages under 42 U.S.C. § 300aa-15(a). Attorneys' fees and costs of $25,000.00 were awarded jointly to petitioner and his counsel, James E. Thompson of The Law Offices of Joseph V. Roddy. The public decision does not detail the specific medical evidence, expert testimony, or the precise mechanism of causation relied upon for the stipulation.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_13-vv-00387-0
Date issued/filed: 2014-06-03
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 5/13/2014) regarding 26 DECISION Stipulation/Proffer (Signed by Special Master Thomas L. Gowen.)(mpj) Copy to parties.
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Case 1:13-vv-00387-UNJ Document 33 Filed 06/03/14 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 13-387V
Filed: May 13, 2014
* * * * * * * * * * * * * * * * UNPUBLISHED
DAVID TOMASO, *
* Special Master Gowen
Petitioner, *
* Joint Stipulation on Damages;
v. * Influenza (Flu) vaccine; Guillain-
* Barré Syndrome (GBS).
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
* * * * * * * * * * * * * * * *
James E. Thompson, The Law Offices of Joseph V. Roddy, Chicago, IL, for petitioner.
Tara Kilfoyle, United States Department of Justice, Washington, DC, for respondent.
DECISION
1
On June 10, 2013, David Tomaso filed a petition pursuant to the National
Vaccine Injury Compensation Program.2 42 U.S.C. §§ 300aa-1 to -34 (2006). Mr.
Tomaso alleged that he received an influenza (“flu”) vaccine on September 2, 2010,3
and that he thereafter suffered from Guillain Barré Syndrome (“GBS”) which was
caused in fact by the vaccination. See Petition at 1-2.
1 Because this decision contains a reasoned explanation for the undersigned’s action in
this case, the undersigned intends to post this ruling on the website of the United States
Court of Federal Claims, in accordance with the E-Government Act of 2002, Pub. L. No.
107-347, § 205, 116 Stat. 2899, 2913 (codified as amended at 44 U.S.C. § 3501 note
(2006)). As provided by Vaccine Rule 18(b), each party has 14 days within which to
request redaction “of any information furnished by that party: (1) that is a trade secret
or commercial or financial in substance and is privileged or confidential; or (2) that
includes medical files or similar files, the disclosure of which would constitute a clearly
unwarranted invasion of privacy.” Vaccine Rule 18(b).
2 The National Vaccine Injury Compensation Program is set forth in Part 2 of the
National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755,
codified as amended, 42 U.S.C. §§ 300aa-1 to -34 (2006) (Vaccine Act or the Act). All
citations in this decision to individual sections of the Vaccine Act are to 42 U.S.C.A. §
300aa.
3 Petitioner’s vaccination record reflects that the vaccination was administered on
September 8, 2010. Pet. Ex. C at 1.
1

Case 1:13-vv-00387-UNJ Document 33 Filed 06/03/14 Page 2 of 7
On May 12, 2014, the parties filed a stipulation in which they agree that a
decision should be entered awarding compensation.
Respondent denies that the flu vaccine caused Mr. Tomaso’s alleged GBS
and/or any other injury. Nevertheless, the parties agree to the joint stipulation, attached
hereto as Appendix A. The undersigned finds the stipulation reasonable and adopts it
as the decision of the Court in awarding damages, on the terms set forth therein.
The parties stipulate that petitioner shall receive the following compensation:
A lump sum of $75,000.00 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-15(a).
Stipulation ¶ 8.
The undersigned approves the requested amount for petitioner’s compensation.
Accordingly, an award should be made consistent with the stipulation.
In the absence of a motion for review filed pursuant to RCFC Appendix B, the
clerk of the court SHALL ENTER JUDGMENT in accordance with the terms of the
parties’ stipulation.4
IT IS SO ORDERED.
s/ Thomas L. Gowen
Thomas L. Gowen
Special Master
4 Pursuant to Vaccine Rule 11(a), entry of judgment is expedited by the parties’ joint
filing of notice renouncing the right to seek review.
2

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DOCUMENT 2: USCOURTS-cofc-1_13-vv-00387-1
Date issued/filed: 2014-06-03
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 5/13/2014) regarding 27 DECISION Fees Stipulation/Proffer (Signed by Special Master Thomas L Gowen.)(mpj) Copy to parties.
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Case 1:13-vv-00387-UNJ Document 34 Filed 06/03/14 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 13-387V
Filed: May 13, 2014
* * * * * * * * * * * * * *
DAVID TOMASO, * UNPUBLISHED
*
Petitioner, *
* Special Master Gowen
v. *
* Attorney’s Fees and Costs;
SECRETARY OF HEALTH * Reasonable Amount Requested to
AND HUMAN SERVICES, * which Respondent Does not Object.
*
Respondent. *
*
* * * * * * * * * * * * *
James E. Thompson, The Law Offices of Joseph V. Roddy, Chicago, IL, for petitioner.
Tara J. Kilfoyle, United States Department of Justice, Washington, DC, for respondent.
ATTORNEYS’ FEES AND COSTS DECISION
1
On June 10, 2013, David Tomaso filed a petition pursuant to the National
Vaccine Injury Compensation Program.2 42 U.S.C. §§ 300aa-1 to -34 (2006). Mr.
Tomaso alleged that he received an influenza (“flu”) vaccine on September 2, 2010,3
and that he thereafter suffered from Guillain Barré Syndrome (“GBS”) which was
1 Because this decision contains a reasoned explanation for the undersigned’s action in
this case, the undersigned intends to post this decision on the website of the United
States Court of Federal Claims, in accordance with the E-Government Act of 2002, Pub.
L. No. 107-347, 116 Stat. 2899, 2913 (Dec. 17, 2002). As provided by Vaccine Rule
18(b), each party has 14 days within which to request redaction “of any information
furnished by that party: (1) that is a trade secret or commercial or financial in substance
and is privileged or confidential; or (2) that includes medical files or similar files, the
disclosure of which would constitute a clearly unwarranted invasion of privacy.” Vaccine
Rule 18(b). Otherwise, the entire decision will be available to the public. Id.
2 The National Vaccine Injury Compensation Program is set forth in Part 2 of the
National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755,
codified as amended, 42 U.S.C. §§ 300aa-1 to -34 (2006) (Vaccine Act or the Act). All
citations in this decision to individual sections of the Vaccine Act are to 42 U.S.C.A. §
300aa.
3 Petitioner’s vaccination record reflects that the vaccination was administered on
September 8, 2010. Pet. Ex. C at 1.
1

Case 1:13-vv-00387-UNJ Document 34 Filed 06/03/14 Page 2 of 2
caused in fact by the vaccination. See Petition at 1-2. On May 13, 2014, a decision
awarding compensation to petitioner, based on the parties’ stipulation, was entered.
On May 12, 2014, the parties filed a Stipulation of Facts Concerning Final
Attorneys’ Fees and Costs. According to the stipulation, the parties stipulate to an
award to petitioner of attorney’s fees and costs in the amount of $25,000.00. In
accordance with General Order #9, petitioner’s counsel represents that petitioner has
not incurred any personal litigation costs in pursuit of this claim.
The Vaccine Act permits an award of reasonable attorneys’ fees and costs. 42
U.S.C. § 300 aa-15(e). Based on the reasonableness of the parties’ stipulation, the
undersigned GRANTS the request for approval and payment of attorney’s fees and
costs.
Accordingly, an award should be made as follows:
in the form of a check jointly payable to petitioner and James E. Thompson, of
the Law Offices of Joseph V. Roddy, in the amount of $25,000.00.
In the absence of a motion for review filed pursuant to RCFC Appendix B, the
clerk of the court SHALL ENTER JUDGMENT in accordance with the terms of the
parties’ stipulation.4
IT IS SO ORDERED.
s/Thomas L. Gowen
Thomas L. Gowen
Special Master
4 Pursuant to Vaccine Rule 11(a), entry of judgment is expedited by the parties’ joint
filing of notice renouncing the right to seek review.
2