VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_13-vv-00958
Package ID: USCOURTS-cofc-1_13-vv-00958
Petitioner: Giovanni Eustor
Filed: 2015-11-16
Decided: 2016-03-07
Vaccine: influenza
Vaccination date: 2011-11-05
Condition: Guillain–Barré syndrome
Outcome: compensated
Award amount USD: 92500

AI-assisted case summary:
Giovanni Eustor filed a petition on November 16, 2015, seeking compensation under the National Vaccine Injury Compensation Program. He alleged that his receipt of an influenza vaccine on November 5, 2011, caused him to develop Guillain-Barré syndrome (GBS) and that he experienced residual effects of this injury for more than six months. The Secretary of Health and Human Services denied that the flu vaccine caused Petitioner's alleged GBS or any other injury. Despite maintaining their positions, both parties agreed to settle the case through a stipulation filed on November 10, 2015. Special Master Brian H. Corcoran reviewed the stipulation and found it reasonable, adopting it as the decision for awarding damages. The stipulation awarded Giovanni Eustor a lump sum of $92,500, representing compensation for all damages available under the Act. The Special Master approved this award and directed the clerk to enter judgment. Petitioner was represented by Franklin J. Caldwell, Jr. of Maglio Christopher and Toale, PA, and Respondent was represented by Gordon E. Shemin of the U.S. Department of Justice.

Theory of causation field:
Petitioner Giovanni Eustor alleged that his November 5, 2011, influenza vaccine caused Guillain-Barré syndrome (GBS) and residual effects lasting more than six months. Respondent denied causation. The parties settled via stipulation filed November 10, 2015, agreeing to an award of $92,500. Special Master Brian H. Corcoran adopted the stipulation, awarding the lump sum for all damages available under the Act. The public decision does not describe the specific theory of causation, medical experts, onset, symptoms, tests, treatments, or the mechanism of injury.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_13-vv-00958-0
Date issued/filed: 2016-03-07
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 11/16/2015) Regarding 35 DECISION Stipulation Signed by Special Master Brian H. Corcoran. (ay) Copy to parties.
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Case 1:13-vv-00958-UNJ Document 39 Filed 03/07/16 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 13-958V
* * * * * * * * * * * * * * * * * * * * * * * * *
GIOVANNI EUSTOR, *
* Filed: November 16, 2015
Petitioner, *
* Decision by Stipulation; Damages;
v. * Influenza (“Flu”) Vaccine;
* Guillain–Barré Syndrome (“GBS”).
SECRETARY OF HEALTH AND *
HUMAN SERVICES, *
*
Respondent. *
* * * * * * * * * * * * * * * * * * * * * * * * *
Franklin J. Caldwell, Jr., Maglio Christopher and Toale, PA, Sarasota, FL, for Petitioner.
Gordon E. Shemin, U.S. Dep’t of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On December 5, 2013, Giovanni Eustor filed a petition seeking compensation under the
National Vaccine Injury Compensation Program (“Vaccine Program”).2 Petitioner alleges that his
November 5, 2011, receipt of the influenza (“flu”) vaccine caused him to develop Guillain–Barré
syndrome (“GBS”). Petitioner further alleges that he experienced the residual effects of this injury
for more than six months.
Respondent denies that the flu immunization is the cause of Petitioner’s alleged GBS and/or
any other injury. Nonetheless both parties, while maintaining their above-stated positions, agreed in
a stipulation (filed on November 10, 2015) that the issues before them could 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
1 Because this decision contains a reasoned explanation for my actions in this case, I will post it 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 (Dec. 17, 2002) (current version at 44 U.S.C. § 3501 (2014)). As provided by 42 U.S.C. § 300aa-
12(d)(4)(B), however, the parties may object to the published decision’s inclusion of certain kinds of confidential
information. Specifically, under Vaccine Rule 18(b), each party has fourteen 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 comprises Part 2 of the National Childhood Vaccine Injury Act of
1986, Pub. L. No. 99-660, 100 Stat. 3755 (codified as amended at 42 U.S.C. § 300aa-10 through 34 (2012)).

Case 1:13-vv-00958-UNJ Document 39 Filed 03/07/16 Page 2 of 7
(as attached hereto) 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 $92,500 in the form of a check payable to Petitioner.
Stipulation ¶ 8. This amounts represents compensation for all damages that would be available under
Section 15(a) of the Act.
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 each filing (either jointly or separately)
a notice renouncing their right to seek review.
2

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