VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_13-vv-00411
Package ID: USCOURTS-cofc-1_13-vv-00411
Petitioner: Robert L Pirrello
Filed: 2013-06-20
Decided: 2015-02-25
Vaccine: influenza
Vaccination date: 2011-09-14
Condition: Guillain-Barre Sydrome (GBS)
Outcome: compensated
Award amount USD: 550000

AI-assisted case summary:
Robert L. Pirrello filed a petition on June 20, 2013, alleging that an influenza (flu) vaccination he received on or about September 14, 2011 caused him to develop Guillain-Barré Syndrome (GBS) and that he experienced the residual effects of this injury for more than six months. Respondent denied that the flu vaccine caused petitioner's GBS or any other injury.

Nonetheless, both parties agreed to a joint stipulation filed December 19, 2014 to settle the case. Special Master Gowen found the stipulation reasonable and adopted it as the decision of the Court. Petitioner received a lump sum of $550,000.00, representing compensation for all damages available under 42 U.S.C. § 300aa-15(a). The parties subsequently agreed to attorneys' fees and costs of $21,000.00, payable jointly to petitioner and his counsel, Diana Stadelnikas Sedar of Maglio Christopher & Toale, PA. Petitioner had not personally incurred any out-of-pocket litigation expenses.

Theory of causation field:
Flu ~Sep 14, 2011 → GBS (residual >6 months). Joint stipulation Dec 19, 2014; SM Gowen. Comp $550,000. Fees $21,000 (Sedar, Maglio Christopher & Toale PA, Sarasota FL).

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_13-vv-00411-0
Date issued/filed: 2015-01-12
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 12/19/2014) regarding 40 DECISION Stipulation/Proffer (Signed by Special Master Thomas L. Gowen.)(mpj) Copy to parties.
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Case 1:13-vv-00411-UNJ Document 45 Filed 01/12/15 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 13-411V
Filed: December 19, 2014
* * * * * * * * * * * * * * * * UNPUBLISHED
ROBERT L PIRRELLO, *
* Special Master Gowen
Petitioner, *
* Joint Stipulation on Damages;
v. * Influenza (“Flu”) Vaccine;
* Peripheral Neuropathy;
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * *
Diana Stadelnikas Sedar, Maglio Christopher & Toale, PA, Sarasota, FL for petitioner.
Gordon E. Shemin, United States Department of Justice, Washington, DC, for respondent.
DECISION ON JOINT STIPULATION1
On June 20, 2013, Robert L. Pirrello (“petitioner”) filed a petition pursuant to the
National Vaccine Injury Compensation Program.2 42 U.S.C. §§ 300aa-1 to -34 (2006).
Petitioner alleged that, as a result of receiving an influenza (“flu”) vaccine on or about
September 14, 2011, he developed Guillain-Barre Sydrome (“GBS”). Stipulation ¶ 2, 4, filed
Dec. 19, 2014. Further, petitioner alleged that he experienced residual effects of his injury for
more than six months. Id. at ¶ 4.
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.
1

Case 1:13-vv-00411-UNJ Document 45 Filed 01/12/15 Page 2 of 7
On December 19, 2014, the parties filed a stipulation in which they state that a decision
should be entered awarding compensation. Respondent denies that the flu vaccination caused
petitioner’s GBS and/or any other injury. Id. at ¶ 6. 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 $550,000.00, in the form of a check payable to petitioner, Robert L.
Pirrello. This amount represents compensation for all damages that would be
available under 42 U.S.C. § 300aa-15(a).
Id. at ¶ 8.
The undersigned approves the requested amount for petitioner’s compensation.
Accordingly, an award should be made consistent with the stipulation.
The clerk of the court SHALL ENTER JUDGMENT in accordance with the terms of
the parties’ stipulation.3
IT IS SO ORDERED.
s/ Thomas L. Gowen
Thomas L. Gowen
Special Master
3 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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Case 1:13-vv-00411-UNJ Document 45 Filed 01/12/15 Page 5 of 7

Case 1:13-vv-00411-UNJ Document 45 Filed 01/12/15 Page 6 of 7

Case 1:13-vv-00411-UNJ Document 45 Filed 01/12/15 Page 7 of 7

================================================================================
DOCUMENT 2: USCOURTS-cofc-1_13-vv-00411-1
Date issued/filed: 2015-02-25
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 02/04/2015) regarding 47 DECISION Fees Stipulation/Proffer ( Signed by Special Master Thomas L. Gowen.)(mpj) Copy to parties.
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Case 1:13-vv-00411-UNJ Document 50 Filed 02/25/15 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 13-411V
Filed: February 4, 2015
* * * * * * * * * * * * * * * * UNPUBLISHED
ROBERT L PIRRELLO, *
* Special Master Gowen
Petitioner, *
* Stipulation; Attorneys’ Fees & Costs
v. *
*
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * *
Diana Stadelnikas Sedar, Maglio Christopher & Toale, PA, Sarasota, FL for petitioner.
Gordon E. Shemin, United States Department of Justice, Washington, DC, for
respondent.
1
DECISION ON ATTORNEY FEES AND COSTS
Gowen, Special Master:
In this case under the National Vaccine Injury Compensation Program,2 I issued
a Decision on December 19, 2014, adopting the parties’ stipulation for award. On
February 4, 2015, the parties filed a Stipulation of Fact concerning attorneys’ fees and
costs. Additionally, pursuant to General Order #9, petitioner’s filing from December 22,
2014 indicated that petitioner incurred no personal litigation costs.
The parties’ stipulation indicates that respondent does not object to the amended
amount of $21,000 that petitioner is requesting for attorneys’ fees and costs.
1 Because this unpublished decision contains a reasoned explanation for the action in this case, I intend
to post this decision on the United States Court of Federal Claims' website, 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)). In accordance with Vaccine Rule 18(b), petitioner has 14 days to identify and
move to delete medical or other information, the disclosure of which would constitute an unwarranted
invasion of privacy. If, upon review, I agree that the identified material fits within this definition, I will
delete such material from public access.
2 The applicable statutory provisions defining the program are found at 42 U.S.C. § 300aa-10 et seq.
(2006).
1

Case 1:13-vv-00411-UNJ Document 50 Filed 02/25/15 Page 2 of 2
I find that this petition was brought in good faith and that there existed a
reasonable basis for the claim. Therefore, an award for fees and costs is appropriate,
pursuant to 42 U.S.C. §§ 300aa-15(b) and (e)(1). Further, the proposed amount seems
reasonable and appropriate. Accordingly, I hereby award:
• a lump sum of $21,000.00 in the form of a check payable jointly to
petitioner and petitioner’s attorney, Diana Stadelnikas Sedar, for
petitioner’s attorneys’ fees and costs.
The clerk of the court shall enter judgment in accordance herewith.3
IT IS SO ORDERED.
s/ Thomas L. Gowen
Thomas L. Gowen
Special Master
3 Entry of judgment can be expedited by each party’s filing of a notice renouncing the right to seek review.
See Vaccine Rule 11(a).
2