VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_13-vv-00518
Package ID: USCOURTS-cofc-1_13-vv-00518
Petitioner: Carl Borghi
Filed: 2014-07-18
Decided: 2014-07-18
Vaccine: influenza
Vaccination date: 2010-11-05
Condition: Guillain-Barré Syndrome
Outcome: compensated
Award amount USD: 163500

AI-assisted case summary:
On July 18, 2014, Carl Borghi filed a petition alleging that he suffered from Guillain-Barré Syndrome (GBS) as a result of receiving an influenza vaccine on November 5, 2010. He further alleged that he experienced residual effects from this injury for more than six months. The respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused Mr. Borghi's GBS or any other injury. Despite the respondent's denial, the parties reached a stipulation to resolve the matter. Special Master Laura D. Millman reviewed the stipulation and found its terms to be reasonable. The court adopted the stipulation and awarded Mr. Borghi a lump sum of $163,500.00, representing compensation for all damages available under the National Vaccine Injury Compensation Program. The award was to be paid via a check made payable to Mr. Borghi. The decision was issued on July 18, 2014, the same date the petition was filed. Ronald C. Homer represented the petitioner, and Julia W. McInerny represented the respondent. The public decision does not describe the specific onset of symptoms, diagnostic tests, treatments, or expert witnesses.

Theory of causation field:
Petitioner Carl Borghi alleged that he suffered from Guillain-Barré Syndrome (GBS) and experienced residual effects for more than six months as a result of an influenza vaccine received on November 5, 2010. The respondent denied causation. The parties resolved the case via stipulation, and the Special Master adopted the stipulation, awarding $163,500.00. The public decision does not detail the specific theory of causation, medical experts, or the mechanism of injury. The case was handled by petitioner counsel Ronald C. Homer and respondent counsel Julia W. McInerny, with Special Master Laura D. Millman issuing the decision on July 18, 2014.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_13-vv-00518-0
Date issued/filed: 2014-08-08
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 07/18/2014) regarding 24 DECISION Stipulation/Proffer Signed by Special Master Laura D Millman. (tlj) Copy to parties.
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Case 1:13-vv-00518-UNJ Document 29 Filed 08/08/14 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 13-518V
Filed: July 18, 2014
Not for Publication
*************************************
CARL BORGHI, *
*
Petitioner, *
* Damages decision based on stipulation;
v. * influenza vaccine; Guillain-Barré Syndrome
*
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
*
*************************************
Ronald C. Homer, Boston, MA, for petitioner.
Julia W. McInerny, Washington, DC, for respondent.
MILLMAN, Special Master
DECISION AWARDING DAMAGES1
On July 18, 2014, 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
Guillain-Barré Syndrome (“GBS”) as a result of his November 5, 2010, 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 caused petitioner’s GBS or any other 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-00518-UNJ Document 29 Filed 08/08/14 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
$163,500.00, 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 $163,500.00 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: July 18, 2014 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

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