VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_13-vv-00589
Package ID: USCOURTS-cofc-1_13-vv-00589
Petitioner: Nicholas Buneo
Filed: 2015-01-05
Decided: 2015-01-05
Vaccine: Tdap
Vaccination date: 2010-08-31
Condition: Guillain-Barré Syndrome (GBS)
Outcome: compensated
Award amount USD: 218000

AI-assisted case summary:
Nicholas Buneo filed a petition alleging that he suffered from Guillain-Barré Syndrome (GBS) caused by a Tdap vaccine he received on August 31, 2010. He claimed to have experienced residual effects from the injury for more than six months. The respondent, the Secretary of Health and Human Services, denied that the Tdap vaccine caused Mr. Buneo's GBS or any other injury, and denied that his current disabilities were sequelae of a vaccine-related injury. Despite these denials, the parties reached a stipulation to resolve the matter informally. Special Master Laura D. Millman adopted the stipulation and awarded Mr. Buneo $218,000.00 in compensation for all damages, to be paid via check. A separate decision, also based on a stipulation, awarded $9,450.00 for attorneys' fees and costs, payable jointly to petitioner and Calli, Calli, and Cully, and $400.00 for petitioner's costs, payable to petitioner. The public decision does not describe the onset of symptoms, specific clinical details, diagnostic tests, treatments, or the mechanism of causation.

Theory of causation field:
Petitioner Nicholas Buneo alleged that his Guillain-Barré Syndrome (GBS) was caused by a Tdap vaccination received on August 31, 2010, and that he experienced residual effects for more than six months. The respondent denied causation. The parties reached a stipulation to resolve the case. The public decision does not detail the specific theory of causation, medical experts, or evidence presented. Special Master Laura D. Millman awarded $218,000.00 for all damages based on the stipulation, with an additional $9,450.00 for attorneys' fees and costs and $400.00 for petitioner's costs, also by stipulation. The decision date for the damages award was January 5, 2015, and for fees and costs was January 8, 2015. Petitioner's counsel was Herbert J. Cully, and respondent's counsel was Linda S. Renzi.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_13-vv-00589-0
Date issued/filed: 2015-01-26
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 01/05/2015) regarding 18 DECISION Stipulation/Proffer Signed by Special Master Laura D Millman. (tlj) Copy to parties.
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Case 1:13-vv-00589-UNJ Document 23 Filed 01/26/15 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 13-589V
Filed: January 5, 2015
Not for Publication
*************************************
NICHOLAS BUNEO, *
*
Petitioner, *
* Damages decision based on stipulation;
v. * Tetanus-diphtheria-acellular pertussis (Tdap)
* vaccine; Guillain-Barré Syndrome (GBS)
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
*
*************************************
Herbert J. Cully, Utica, NY, for petitioner.
Linda S. Renzi, Washington, DC, for respondent.
MILLMAN, Special Master
DECISION AWARDING DAMAGES1
On January 2, 2015, the parties filed the attached stipulation in which they agreed to settle
this case and described the settlement terms. Petitioner alleges that he suffers from
Guillain-Barré Syndrome (“GBS”) that was caused by his August 31, 2010 receipt of
Tetanus-diphtheria-acellular pertussis (“Tdap”) vaccine. He further alleges that he experienced
the residual effects of this injury for more than six months. Respondent denies that the Tdap
vaccine caused petitioner’s GBS or any other injury and further denies that petitioner’s current
disabilities are sequelae of a vaccine-related injury. Nonetheless, the parties agreed to resolve
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-00589-UNJ Document 23 Filed 01/26/15 Page 2 of 7
this matter informally.
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
$218,000.00, 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 $218,000.00 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: January 5, 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

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Case 1:13-vv-00589-UNJ Document 23 Filed 01/26/15 Page 5 of 7

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Case 1:13-vv-00589-UNJ Document 23 Filed 01/26/15 Page 7 of 7

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DOCUMENT 2: USCOURTS-cofc-1_13-vv-00589-1
Date issued/filed: 2015-01-29
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 01/08/2015) regarding 21 DECISION Fees Stipulation/Proffer Signed by Special Master Laura D Millman. (tlj) Copy to parties.
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Case 1:13-vv-00589-UNJ Document 24 Filed 01/29/15 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 13-589V
Filed: January 8, 2015
Not for Publication
*************************************
NICHOLAS BUNEO, *
*
Petitioner, * Attorneys’ fees and costs decision based on
* stipulation of fact
v. *
*
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
*
*************************************
Herbert J. Cully, Utica, NY, for petitioner.
Linda S. Renzi, Washington, DC, for respondent.
MILLMAN, Special Master
DECISION AWARDING ATTORNEYS’ FEES AND COSTS1
On January 8, 2015, the parties filed a stipulation of fact in which they agreed on an
appropriate amount for attorneys’ fees and costs in this case.
Petitioner submitted his request for attorneys’ fees and costs to respondent. Petitioner
requests $9,450.00 in reimbursement for attorneys’ fees and costs. In accordance with General
Order #9, petitioner asserts he incurred $400.00 in costs to pursue his petition. Respondent does
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-00589-UNJ Document 24 Filed 01/29/15 Page 2 of 2
not object to these amounts. The undersigned finds these amounts to be reasonable.
Accordingly, the court awards:
a. $9,450.00, representing reimbursement for attorneys’ fees and costs. The award
shall be in the form of a check payable jointly to petitioner and Calli, Calli, and
Cully for $9,450.00; and
b. $400.00, representing reimbursement for petitioner’s costs. The award shall be
in the form of a check payable to petitioner for $400.00.
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: January 8, 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