VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_13-vv-00726
Package ID: USCOURTS-cofc-1_13-vv-00726
Petitioner: Eugene Spadaccini
Filed: 2013-09-24
Decided: 2015-05-22
Vaccine: influenza
Vaccination date: 2010-12-31
Condition: Guillain-Barré syndrome (GBS)
Outcome: compensated
Award amount USD: 400000

AI-assisted case summary:
Eugene Spadaccini filed a petition on September 24, 2013, under the National Vaccine Injury Compensation Program, alleging that an influenza vaccine administered on December 31, 2010, caused him to develop Guillain-Barré syndrome (GBS) and that he suffered residual effects or complications for more than six months. The respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused petitioner's GBS or any other injury. Despite the denial, both parties filed a joint stipulation on March 11, 2015, agreeing to a settlement. Special Master Nora Beth Dorsey reviewed the stipulation and found it reasonable, adopting it as the decision of the Court. Petitioner was awarded a lump sum of $400,000.00, representing compensation for all damages available under 42 U.S.C. § 300aa-15(a). Petitioner was represented by Franklin John Caldwell, Jr. of Maglio, Christopher & Toale. Respondent was represented by Justine Elizabeth Walters of the United States Department of Justice. Subsequently, on May 1, 2015, the parties filed a stipulation concerning attorneys' fees and costs. Special Master Dorsey approved this stipulation, awarding petitioner's counsel, F. John Caldwell, Jr. of Maglio, Christopher & Toale, PA, the amount of $17,982.03 for attorneys' fees and costs. The public decision does not describe the specific onset of symptoms, medical tests, treatments, or the medical mechanism of causation.

Theory of causation field:
Petitioner Eugene Spadaccini alleged that an influenza vaccine administered on December 31, 2010, caused him to develop Guillain-Barré syndrome (GBS) with residual effects lasting more than six months. Respondent denied causation. The parties reached a joint stipulation on March 11, 2015, agreeing to compensation. Special Master Nora Beth Dorsey adopted the stipulation, awarding petitioner $400,000.00 for all damages under 42 U.S.C. § 300aa-15(a). Attorneys' fees and costs of $17,982.03 were awarded to petitioner's counsel, F. John Caldwell, Jr. of Maglio, Christopher & Toale, PA, via a separate stipulation approved by Special Master Dorsey on May 1, 2015. The public decision does not detail the specific medical mechanism, expert testimony, or the Table 300aa-13(a)(1)(B) theory relied upon, as the case was resolved by stipulation.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_13-vv-00726-0
Date issued/filed: 2015-04-02
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 03/12/2015) regarding 31 DECISION Stipulation/Proffer Signed by Special Master Nora Beth Dorsey. (tlj) Copy to parties.
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Case 1:13-vv-00726-UNJ Document 36 Filed 04/02/15 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 13-726V
Filed: March 12, 2015
* * * * * * * * * * * * * * * * UNPUBLISHED
EUGENE SPADACCINI, *
* Special Master Dorsey
Petitioner, *
*
v. *
*
SECRETARY OF HEALTH * Joint Stipulation on Damages;
AND HUMAN SERVICES, * Influenza (Flu) Vaccine; Guillain-
* Barrė Syndrome (GBS).
Respondent. *
*
* * * * * * * * * * * * * * * *
Franklin John Caldwell, Jr., Maglio, Christopher & Toale, Sarasota, FL, for petitioner.
Justine Elizabeth Walters, United States Department of Justice, Washington, DC, for respondent.
DECISION1
On September 24, 2013, Eugene Spadaccini (“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 an influenza (“flu”) vaccine, administered to him on December 31, 2010,
caused him to suffer from Guillain-Barrė syndrome (GBS). Petition at 2. Petitioner further
alleged that he suffered the residual effects or complications of his vaccine injury for more than
six months. Id. at 4. On March 11, 2015, the parties filed a stipulation, stating that a decision
should be entered awarding compensation.
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-00726-UNJ Document 36 Filed 04/02/15 Page 2 of 7
Respondent denies that the influenza immunization caused petitioner’s GBS or any other
injury or his current condition. 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 stipulated that petitioner shall receive the following compensation:
A lump sum of $400,000.00, in the form of a check payable to petitioner. This amount
represent compensation for all damages that would be available under 42 U.S.C. § 300aa-
15(a).
Stipulation ¶ 8.
The undersigned approves the requested amount for petitioner’s compensation.
Accordingly, an award should be made consistent with the stipulation.
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.3
IT IS SO ORDERED.
s/ Nora Beth Dorsey
Nora Beth Dorsey
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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DOCUMENT 2: USCOURTS-cofc-1_13-vv-00726-1
Date issued/filed: 2015-05-22
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 05/01/2015) regarding 38 DECISION Fees Stipulation/Proffer Signed by Special Master Nora Beth Dorsey. (tlj) Copy to parties.
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Case 1:13-vv-00726-UNJ Document 41 Filed 05/22/15 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
Filed: May 1, 2015
* * * * * * * * * * * * * * UNPUBLISHED
EUGENE SPADACCINI, * No. 13-726V
*
Petitioner, * Special Master Dorsey
*
v. *
* Attorneys’ Fees and Costs;
SECRETARY OF HEALTH * Reasonable Amount Requested to which
AND HUMAN SERVICES, * Respondent Does not Object.
*
Respondent. *
*
* * * * * * * * * * * * *
Franklin John Caldwell, Jr., Maglio Christopher & Toale, PA, Sarasota, FL, for petitioner.
Justine Elizabeth Walters, United States Department of Justice, Washington, DC, for respondent.
ATTORNEYS’ FEES AND COSTS DECISION1
On September 24, 2013, Eugene Spadaccini (“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 an influenza (“flu”) vaccination, administered to him on December 31,
2010, caused him to suffer from Guillain-Barré syndrome (GBS). Petition at 2. On March 12,
2015, the undersigned entered a decision awarding compensation to petitioner based on a
stipulation filed by the parties.
On May 1, 2015, the parties filed a Stipulation of Fact Concerning Attorneys’ Fees and
1 Because this decision contains a reasoned explanation for the undersigned’s action in this case,
the undersigned intends to post this decision 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, 116 Stat. 2899,
2913 (Dec. 17, 2002). 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). Otherwise, the entire 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. §§ 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-00726-UNJ Document 41 Filed 05/22/15 Page 2 of 2
Costs. According to the stipulation, the parties stipulate to a total award to petitioner of
attorneys’ fees and costs in the amount of $17,982.03. In accordance with General Order #9,
petitioner’s counsel states that petitioner did not advance any monies in reimbursable costs in
pursuit of this claim.
The Vaccine Act permits an award of reasonable attorneys’ fees and costs. 42 U.S.C. §
300 aa-15(e). Based on the reasonableness of petitioner’s request and the lack of any objection
by respondent, the undersigned GRANTS the request for approval and payment of attorneys’
fees and costs.
Accordingly, an award should be made as follows:
in the form of a check jointly payable to petitioner and to petitioner’s attorney, F. John
Caldwell, Jr., Esq., of the law firm of Maglio, Christopher & Toale, PA, in the amount of
$17,982.03.
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.3
IT IS SO ORDERED.
s/Nora Beth Dorsey
Nora Beth Dorsey
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