VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_13-vv-00632
Package ID: USCOURTS-cofc-1_13-vv-00632
Petitioner: John J. Rainone
Filed: 2013-09-03
Decided: 2015-03-23
Vaccine: influenza
Vaccination date: 
Condition: Guillain-Barré syndrome (GBS)
Outcome: compensated
Award amount USD: 245000

AI-assisted case summary:
John J. Rainone filed a petition on September 3, 2013, seeking compensation under the National Vaccine Injury Compensation Program. He alleged that he developed Guillain-Barré syndrome (GBS) as a result of receiving a trivalent influenza vaccine. The respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused Mr. Rainone's GBS or any related medical problems. Despite maintaining their respective positions, both parties agreed to a joint stipulation filed on September 19, 2014, to settle the case. Special Master Brian H. Corcoran reviewed the stipulation and found it to be reasonable, adopting it as the decision of the court. The stipulation awarded Mr. Rainone a lump sum of $245,000.00, payable by check to Petitioner, as compensation for all damages available under 42 U.S.C. § 300aa-15(a). Subsequently, on March 2, 2015, counsel for both parties filed another joint stipulation regarding attorney's fees and costs. This stipulation proposed a lump sum of $55,500.00, payable to Petitioner and his counsel, Michael R. De Luca, Esq. Special Master Corcoran approved this amount as reasonable. The public decision does not describe the onset of symptoms, specific medical tests, or treatments. Petitioner was represented by Michael R. De Luca of Gidley, Sarli & Marusak, LLP, and respondent was represented by Glenn A. MacLeod of the U.S. Department of Justice.

Theory of causation field:
Petitioner John J. Rainone alleged that a trivalent influenza vaccine caused him to develop Guillain-Barré syndrome (GBS). Respondent denied causation. The parties reached a joint stipulation on September 19, 2014, to settle the claim. Special Master Brian H. Corcoran adopted the stipulation, awarding Petitioner a lump sum of $245,000.00 for all damages under 42 U.S.C. § 300aa-15(a). A subsequent stipulation on March 2, 2015, approved by Special Master Corcoran, awarded $55,500.00 in attorney's fees and costs, payable to Petitioner and his counsel, Michael R. De Luca. The public decision does not detail the specific mechanism of causation, expert testimony, or the petitioner's age at vaccination.

Public staged source text:

================================================================================
DOCUMENT 1: USCOURTS-cofc-1_13-vv-00632-0
Date issued/filed: 2014-10-22
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 09/22/2014) regarding 24 DECISION Stipulation/Proffer ( Signed by Special Master Brian H. Corcoran.)(mpj) Copy to parties.
--------------------------------------------------------------------------------
Case 1:13-vv-00632-UNJ Document 28 Filed 10/22/14 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 13-632V
* * * * * * * * * * * * * * * * * * * * * * * * *
*
JOHN J. RAINONE, *
* Filed: September 22, 2014
Petitioner, *
* Decision Awarding Damages based
v. * on Stipulation; influenza (flu)
* vaccine; Guillain-Barré syndrome
SECRETARY OF HEALTH AND * (GBS)
HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * *
Michael R. De Luca, Gidley, Sarli & Marusak, LLP, Providence, RI, for Petitioner.
Glenn A. MacLeod, U.S. Dep’t of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On September 3, 2013, John J. Rainone filed a petition seeking compensation under the
National Vaccine Injury Compensation Program (“Vaccine Program”). 2 Petitioner alleges that
he suffered from Guillain-Barré syndrome (“GBS”) as a result of receiving the trivalent
influenza ("flu") vaccine.
Respondent denies that Petitioner’s GBS and any related medical problems were caused
by the receipt of the flu vaccine. Nonetheless both parties, while maintaining their above-stated
1 Because this decision contains a reasoned explanation for my action in this case, I will 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)). As provided by 42
U.S.C. § 300aa-12(d)(4)(B), however, the parties may object to the posted decision’s inclusion of certain kinds of
confidential information. Specifically, under 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 whole 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.A. ' 300aa-10 - 34 (2006))
[hereinafter “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.

Case 1:13-vv-00632-UNJ Document 28 Filed 10/22/14 Page 2 of 7
positions, agreed in a stipulation filed September 19, 2014 that the issues before them can be
settled and that a decision should be entered awarding Petitioner compensation.
I have reviewed the file, and based upon that review, I conclude that the parties’
stipulation is reasonable. I therefore adopt it as my decision in awarding damages on the terms
set forth therein.
The stipulation awards:
A lump sum of $245,000.00 in the form of a check payable to Petitioner,
representing compensation for all damages that would be available under 42
U.S.C. § 300aa-15(a).
Stipulation ¶ 8.
I approve a Vaccine Program award in the requested amount set forth above to be made
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. 3
IT IS SO ORDERED.
/s/ Brian H. Corcoran
Brian H. Corcoran
Special Master
3 Pursuant to Vaccine Rule 11(a), the parties may expedite entry of judgment by both (either separately or jointly)
filing a notice renouncing their right to seek review.
2

Case 1:13-vv-00632-UNJ Document 28 Filed 10/22/14 Page 3 of 7

Case 1:13-vv-00632-UNJ Document 28 Filed 10/22/14 Page 4 of 7

Case 1:13-vv-00632-UNJ Document 28 Filed 10/22/14 Page 5 of 7

Case 1:13-vv-00632-UNJ Document 28 Filed 10/22/14 Page 6 of 7

Case 1:13-vv-00632-UNJ Document 28 Filed 10/22/14 Page 7 of 7

================================================================================
DOCUMENT 2: USCOURTS-cofc-1_13-vv-00632-1
Date issued/filed: 2015-03-23
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 03/02/2015) regarding 30 DECISION Fees Stipulation Signed by Special Master Brian H. Corcoran. (ag) Copy to parties.
--------------------------------------------------------------------------------
Case 1:13-vv-00632-UNJ Document 31 Filed 03/23/15 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 13-632V
(Not to be published)
* * * * * * * * * * * * * * * * * * * * * * * * * * * * *
*
JOHN J. RAINONE, *
* Filed: March 2, 2015
Petitioner, *
* Decision by Stipulation; Attorney’s
v. * Fees & Costs
*
SECRETARY OF HEALTH AND *
HUMAN SERVICES , *
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * * *
Michael R. De Luca, Providence, RI, for Petitioner
Glenn Alexander MacLeod, Washington, DC, for Respondent
ATTORNEY’S FEES AND COSTS DECISION1
On September 3, 2013, John J. Rainone filed a petition seeking compensation under the
National Vaccine Injury Compensation Program (Athe Vaccine Program@). On September 19,
2014, the parties filed a stipulation detailing an amount to be awarded to Petitioner. I
subsequently issued a decision finding the parties’ stipulation to be reasonable and granting
Petitioner the award outlined by the stipulation.
On March 2, 2015, counsel for both parties filed another joint stipulation, this time in
regards to attorney’s fees and costs. The parties have stipulated that Petitioner’s counsel should
receive a lump sum of $55,500.00, in the form of a check payable to Petitioner and Petitioner’s
1 Because this decision contains a reasoned explanation for my action in this case, I will 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)). As provided by 42
U.S.C. § 300aa-12(d)(4)(B), however, the parties may object to the posted decision’s inclusion of certain kinds of
confidential information. Specifically, under 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 whole decision will
be available to the public. (Id.)

Case 1:13-vv-00632-UNJ Document 31 Filed 03/23/15 Page 2 of 2
counsel. This amount represents a sum to which respondent does not object. In addition, and in
compliance with General Order #9, Petitioner has represented that he did incur any reimbursable
costs in proceeding on this petition.
I approve the requested amount for attorney’s fees and costs as reasonable. Accordingly,
an award of $55,500.00 should be made in the form of a check payable jointly to Petitioner and
Petitioner’s counsel, Michael R. De Luca, Esq. 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.2
IT IS SO ORDERED.
/s/ Brian H. Corcoran
Brian H. Corcoran
Special Master
2 Pursuant to Vaccine Rule 11(a), the parties may expedite entry of judgment by filing a joint notice renouncing their
right to seek review.