VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_13-vv-00835
Package ID: USCOURTS-cofc-1_13-vv-00835
Petitioner: A.O.
Filed: 2013-10-25
Decided: 2015-11-30
Vaccine: influenza
Vaccination date: 2012-01-11
Condition: Guillain-Barré syndrome (GBS) allegedly following influenza vaccine
Outcome: compensated
Award amount USD: 843794.73

AI-assisted case summary:
On October 25, 2013, Demetrice Bell-O'Neal filed a petition under the National Childhood Vaccine Injury Act on behalf of her minor daughter, A.O. The petition alleged that A.O. received an influenza vaccine on January 11, 2012, and subsequently developed Guillain-Barré syndrome (GBS). Petitioner stated that there had been no prior award or civil settlement for damages on A.O.'s behalf arising from this condition. Respondent denied that the influenza vaccine caused A.O. to suffer GBS or any other injury or her current condition. The public decision is a stipulation decision, not a litigated entitlement ruling. It does not state A.O.'s date of birth or exact age, describe her pre-vaccination health, identify the first neurologic symptom or onset date, summarize hospitalization, nerve-conduction testing, respiratory status, treatment, rehabilitation, or expert reports, or analyze a biological mechanism for influenza-vaccine-associated GBS. The parties reached a joint stipulation, which Special Master Christian J. Moran found reasonable and adopted as the Court's decision on November 30, 2015. The award included a lump sum of $810,427.27, payable to petitioner as guardian or conservator of A.O.'s estate for A.O.'s benefit. This amount represented $153,594.84 for first-year life-care expenses, $406,832.43 for lost future earnings, and $250,000.00 for pain and suffering. The award also included $8,772.26 payable jointly to petitioner and the Georgia Department of Community Health for a lien, and $24,595.20 payable jointly to petitioner and Peach State Health Plan for a second lien. The stipulation also required payment of an amount sufficient to purchase a life-care annuity, but the public decision does not state the annuity purchase price. Petitioner was represented by Diana L. Stadelnikas Sedar of Maglio, Christopher & Toale, PA. Respondent was represented by Claudia B. Gangi of the United States Department of Justice.

Theory of causation field:
Petitioner alleged that the influenza vaccine administered on January 11, 2012, to minor A.O. caused Guillain-Barré syndrome (GBS). Respondent denied causation. The case was resolved by joint stipulation, not by litigated causation findings. The public decision does not provide details on A.O.'s age, onset date, specific symptoms, diagnostic testing, treatment, hospitalization, expert opinions, or a biological mechanism linking the vaccine to GBS. Special Master Christian J. Moran adopted the stipulation on November 30, 2015. The award included a lump sum of $810,427.27 for life care, lost earnings, and pain and suffering, plus reimbursement for liens totaling $33,367.46, and an unspecified amount for a life-care annuity. Petitioner's counsel was Diana L. Stadelnikas Sedar; respondent's counsel was Claudia B. Gangi.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_13-vv-00835-0
Date issued/filed: 2017-02-28
Pages: 15
Docket text: PUBLIC DECISION (Originally filed: 11/30/15) regarding 60 DECISION Stipulation/Proffer. Signed by Special Master Christian J. Moran. (dh) Copy to parties.
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Case 1:13-vv-00835-UNJ Document 75 Filed 02/28/17 Page 1 of 15
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
* * * * * * * * * * * * * * * * * * * * *
DEMETRICE BELL-O’NEAL *
on behalf of A.O., a minor child, * No. 13-835V
*
Petitioner, * Special Master Christian J. Moran
*
v. * Filed: November 30, 2015
*
SECRETARY OF HEALTH * Stipulation; influenza (“Flu”) vaccine;
AND HUMAN SERVICES, * Guillain-Barré syndrome (“GBS”).
*
Respondent. *
* * * * * * * * * * * * * * * * * * * * *
Diana L. Stadelnikas Sedar, Maglio, Christopher & Toale, PA, Sarasota, FL, for
Petitioner;
Claudia B. Gangi, United States Dep’t of Justice, Washington, DC, for Respondent.
UNPUBLISHED DECISION1
On November 20, 2015, respondent filed a joint stipulation concerning the
petition for compensation filed by Demetrice Bell-O’Neal, on behalf of her daughter,
A.O., on October 25, 2013. In her petition, Ms. Bell-O’Neal alleged that the
influenza (“flu”) vaccine which A.O. received on January 11, 2012, which is
contained in the Vaccine Injury Table (the “Table”), 42 C.F.R. §100.3(a), caused
A.O. to suffer Guillain-Barré Syndrome (“GBS”). Petitioner represents that there has
been no prior award or settlement of a civil action for damages on behalf of A.O. as a
result of her condition.
Respondent denies that the Flu vaccine caused A.O. to suffer GBS or any other
injury or her current condition.
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
party has 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.
1

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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. A lump sum of $810,427.27, which amount represents compensation for
first year life care expenses ($153,594.84), lost future earnings
($406,832.43), and pain and suffering ($250,000.00), in the form of a
check payable to petitioner as guardian/conservator of the estate of
A.O. for the benefit of A.O. No payments shall be made until petitioner
provides respondent with documentation establishing that she has been
appointed as the guardian/conservator of A.O.’s estate;
b. A lump sum of $8,772.26, which amount represents reimbursement of a
lien for services rendered on behalf of A.O., in the form of a check
payable jointly to petitioner and
Georgia Department of Community Health
900 Circle 75 parkway
Suite 650
Atlanta, GA 30339
Case No: 156901/0000233137
Petitioner agrees to endorse this payment to the State of Georgia.
c. A lump sum of $24,595.20, which amount represents reimbursement of
a lien for services rendered on behalf of A.O., in the form of a check
payable jointly to petitioner and
Peach State Health Plan
5615 High Point Drive, Suite 100
Attn: Case Management Dept.
Irving, Texas 75038
Recipient ID: GA01111989738884
Petitioner agrees to endorse this payment to Peach State Health Plan.
2

Case 1:13-vv-00835-UNJ Document 75 Filed 02/28/17 Page 3 of 15
d. An amount sufficient to purchase the annuity contract described in
paragraph 10 of the stipulation attached hereto as “Appendix A,” paid
to the life insurance company from which the annuity will be purchased
(the "Life Insurance Company").2
In the absence of a motion for review filed pursuant to RCFC, Appendix B, the
clerk is directed to enter judgment in case 13-835V according to this decision and the
attached stipulation.3
Any questions may be directed to my law clerk, Dan Hoffman, at (202) 357-
6360.
IT IS SO ORDERED.
s/ Christian J. Moran
Christian J. Moran
Special Master
2 The Life Insurance Company must have a minimum of $250,000,000 capital and surplus,
exclusive of any mandatory security valuation reserve. The Life Insurance Company must have one
of the following ratings from two of the following rating organizations:
a. A.M. Best Company: A++, A+, A+g, A+p, A+r, or A+s;
b. Moody's Investor Service Claims Paying Rating: Aa3, Aa2, Aa1, or Aaa;
c. Standard and Poor's Corporation Insurer Claims-Paying Ability Rating: AA-, AA,
AA+, or AAA;
d. Fitch Credit Rating Company, Insurance Company Claims Paying Ability Rating:
AA-, AA, AA+, or AAA.
3 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.
3

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