VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_13-vv-00537
Package ID: USCOURTS-cofc-1_13-vv-00537
Petitioner: William K. Lavelle
Filed: 2013-08-02
Decided: 2014-09-24
Vaccine: influenza
Vaccination date: 2010-09-27
Condition: Guillain-Barré syndrome
Outcome: compensated
Award amount USD: 150000

AI-assisted case summary:
William K. Lavelle filed a petition on August 2, 2013, alleging that an influenza vaccine he received on or about September 27, 2010, caused him to develop Guillain-Barré Syndrome (GBS). Respondent denied that the flu vaccine caused petitioner's GBS or any other injury or disability. The parties subsequently filed a joint stipulation on August 22, 2014, to settle the case. Special Master Christian J. Moran reviewed the stipulation, found it reasonable, and adopted it as the decision of the Court. Petitioner was awarded a lump sum of $150,000.00, representing compensation for all damages available under 42 U.S.C. § 300aa-15(a). Petitioner was represented by F. John Caldwell, Jr. of Maglio, Christopher & Toale, P.A. Respondent was represented by Lynn E. Ricciardella of the U.S. Dep’t of Justice. Petitioner stated that he had not personally incurred any out-of-pocket litigation expenses. On August 26, 2014, the parties filed a stipulation concerning attorneys' fees and costs. Petitioner's counsel, F. John Caldwell, Jr., submitted an application for fees and costs, which was amended after respondent raised objections. The parties ultimately agreed to a total amount of $14,077.00 for attorneys' fees and costs, to which respondent did not object. Special Master Christian J. Moran awarded this amount, payable jointly to petitioner and his attorney. The public decision does not describe the onset of symptoms, specific medical tests, treatments, or the medical expert opinions presented by either party. The mechanism of causation is not detailed in the public decision.

Theory of causation field:
Petitioner William K. Lavelle alleged that an influenza vaccine received on or about September 27, 2010, caused him to develop Guillain-Barré Syndrome (GBS). Respondent denied the alleged causation. The parties entered into a joint stipulation on August 22, 2014, resolving the claim. Special Master Christian J. Moran adopted the stipulation, awarding $150,000.00 in compensation. Attorneys' fees and costs were subsequently stipulated and awarded at $14,077.00 on August 26, 2014, payable to petitioner and his counsel, F. John Caldwell, Jr. of Maglio, Christopher & Toale, P.A. The public decision does not detail the specific medical evidence, expert testimony, or the precise mechanism by which the flu vaccine allegedly caused GBS. The case was resolved via stipulation rather than litigation on the merits.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_13-vv-00537-0
Date issued/filed: 2014-09-24
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 08/25/2014) regarding 27 DECISION Stipulation. Signed by Special Master Christian J. Moran. (tpj) Copy to parties.
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Case 1:13-vv-00537-UNJ Document 35 Filed 09/24/14 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
* * * * * * * * * * * * * * * * * * * * *
WILLIAM K. LAVELLE, * No. 13-537V
* Special Master Christian J. Moran
Petitioner, *
* Filed: August 25, 2014
v. *
*
SECRETARY OF HEALTH * Stipulation; influenza (“flu”) vaccine;
AND HUMAN SERVICES, * Guillain-Barré syndrome (“GBS”).
*
Respondent. *
* * * * * * * * * * * * * * * * * * * * *
F. John Caldwell, Jr., Maglio, Christopher & Toale, P.A., Sarasota, FL, for
Petitioner;
Lynn E. Ricciardella, U. S. Dep’t of Justice, Washington, DC, for Respondent.
UNPUBLISHED DECISION1
On August 22, 2014, respondent filed a joint stipulation concerning the
petition for compensation filed by William Lavelle on August 2, 2013. In his
petition, petitioner alleged that the influenza vaccine, which is contained in the
Vaccine Injury Table (the “Table”), 42 C.F.R. §100.3(a), and which he received on
or about September 27, 2010, caused him to sustained the injury of Guillain-Barré
Syndrome (“GBS”) as a consequence of his receipt of the vaccine. Petitioner
represents that there has been no prior award or settlement of a civil action for
damages as a result of his condition.
Respondent denies that petitioner suffered GBS, or any other injury caused
or aggravated by his receipt of the flu vaccine, and denies that petitioner’s
disabilities are sequelae of his alleged vaccine injuries.
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-00537-UNJ Document 35 Filed 09/24/14 Page 2 of 7
Nevertheless, the parties agree to the joint stipulation, attached hereto as
Appendix A. The undersigned finds said stipulation reasonable and adopts it as the
decision of the Court in awarding damages, on the terms set forth therein.
Damages awarded in that stipulation include:
A lump sum payment of $150,000.00 in the form of a check payable to
William Lavelle. This amount represents compensation for all damages
that would be available under 42 U.S.C. § 300aa-15(a).
In the absence of a motion for review filed pursuant to RCFC, Appendix B,
the clerk is directed to enter judgment in case 13-537V according to this decision
and the attached stipulation.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.

CCaassee 11::1133--vvvv--0000553377--UUNNJJ DDooccuummeenntt 2365 FFiilleedd 0089//2224//1144 PPaaggee 13 ooff 57

CCaassee 11::1133--vvvv--0000553377--UUNNJJ DDooccuummeenntt 2365 FFiilleedd 0089//2224//1144 PPaaggee 24 ooff 57

CCaassee 11::1133--vvvv--0000553377--UUNNJJ DDooccuummeenntt 2365 FFiilleedd 0089//2224//1144 PPaaggee 35 ooff 57

CCaassee 11::1133--vvvv--0000553377--UUNNJJ DDooccuummeenntt 2365 FFiilleedd 0089//2224//1144 PPaaggee 46 ooff 57

CCaassee 11::1133--vvvv--0000553377--UUNNJJ DDooccuummeenntt 2365 FFiilleedd 0089//2224//1144 PPaaggee 57 ooff 57

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DOCUMENT 2: USCOURTS-cofc-1_13-vv-00537-1
Date issued/filed: 2014-09-24
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 08/29/2014) regarding 30 DECISION Fees Stipulation. Signed by Special Master Christian J. Moran. (tpj) Copy to parties.
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Case 1:13-vv-00537-UNJ Document 36 Filed 09/24/14 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
* * * * * * * * * * * * * * * * * * * * *
WILLIAM K. LAVELLE, * No. 13-537V
* Special Master Christian J. Moran
Petitioner, *
* Filed: August 29, 2014
v. *
*
SECRETARY OF HEALTH * Attorneys’ fees and costs; award
AND HUMAN SERVICES, * in the amount to which
* respondent does not object.
Respondent. *
* * * * * * * * * * * * * * * * * * * * *
F. John Caldwell, Jr., Maglio, Christopher & Toale, P.A., Sarasota, FL, for
Petitioner;
Lynn E. Ricciardella, U. S. Dep’t of Justice, Washington, DC, for Respondent.
UNPUBLISHED DECISION ON FEES AND COSTS1
On August 26, 2014, respondent filed a stipulation of fact concerning final
attorneys’ fees and costs in the above-captioned matter. Previously, petitioner
informally submitted a draft application for attorneys’ fees and costs to respondent
for review. Upon review of petitioner’s application, respondent raised objections
to certain items. Based on subsequent discussions, petitioner amended his
application to request $14,077.00, an amount to which respondent does not object.
The Court awards this amount.
On August 2, 2013, William Lavelle filed a petition for compensation
alleging that the influenza vaccine, which he received on or about September 27,
2010, caused him to suffer Guillain-Barré syndrome (“GBS”). Petitioner received
compensation based upon the parties’ stipulation. Decision, issued Aug. 25, 2014.
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-00537-UNJ Document 36 Filed 09/24/14 Page 2 of 2
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 $14,077.00 in attorneys’ fees and costs for his
counsel. Additionally, in compliance with General Order No. 9, petitioner states
that he incurred 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 $14,077.00 in the form of a check made payable to
petitioner and petitioner’s attorney, F. John Caldwell, Jr., 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.
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