VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_13-vv-00992
Package ID: USCOURTS-cofc-1_13-vv-00992
Petitioner: Donald Memmo
Filed: 2014-07-31
Decided: 2014-08-26
Vaccine: influenza
Vaccination date: 
Condition: Guillain-Barré syndrome (GBS)
Outcome: compensated
Award amount USD: 65000

AI-assisted case summary:
Donald Memmo filed a petition on July 31, 2014, alleging that he suffered Guillain-Barré syndrome (GBS) as a result of receiving an influenza vaccine. The respondent denied that the flu vaccine caused Mr. Memmo's GBS or any other injury. Despite maintaining their positions, both parties agreed to settle the case. On August 26, 2014, Special Master Brian H. Corcoran issued a decision awarding Mr. Memmo $65,000.00 as compensation for all damages, based on a stipulation filed by the parties. This award was to be paid as a lump sum check payable to Petitioner. Subsequently, on September 3, 2014, the parties filed a stipulation for attorneys' fees and costs. On September 26, 2014, Special Master Corcoran approved this stipulation, awarding $23,205.59 for Petitioner's counsel, Thomas P. Gallagher, Esq., to be paid as a lump sum check payable jointly to Petitioner and counsel, and $200.00 for Petitioner's out-of-pocket expenses, to be paid as a lump sum check payable to Petitioner. The public decision does not describe the specific date of vaccination, the onset of symptoms, specific medical tests, or treatments. The specific mechanism of causation was not detailed in the public decision.

Theory of causation field:
Petitioner Donald Memmo alleged that he suffered Guillain-Barré syndrome (GBS) as a result of receiving an influenza vaccine. Respondent denied causation. The parties reached a stipulation to settle the case, and Special Master Brian H. Corcoran adopted the stipulation as his decision. The public decision does not detail the specific vaccine date, age at vaccination, onset of symptoms, medical tests, treatments, or expert testimony. The specific theory of causation and mechanism were not described in the public decision. The award included $65,000.00 for all damages, plus $23,205.59 for Petitioner's counsel and $200.00 for Petitioner's out-of-pocket expenses. Decision date was August 26, 2014, with a subsequent decision on fees and costs dated September 26, 2014. Petitioner's counsel was Thomas P. Gallagher, Esq., and Respondent's counsel was Althea W. Davis.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_13-vv-00992-0
Date issued/filed: 2014-08-26
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 7/31/2014) regarding 16 DECISION Stipulation/Proffer (Signed by Special Master Brian H. Corcoran.)(mpj) Copy to parties.
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Case 1:13-vv-00992-UNJ Document 20 Filed 08/26/14 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 13-992V
(Not to be published)
* * * * * * * * * * * * * * * * * * * * * * * * *
*
DONALD MEMMO, *
* Filed: July 31, 2014
Petitioner, *
*
v. *
* Decision by Stipulation; Damages;
SECRETARY OF HEALTH * Influenza (Flu) Vaccine; Guillain-Barré
AND HUMAN SERVICES, * Syndrome (GBS)
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * *
Thomas P. Gallagher, Thomas P. Gallagher, Esq, Somers Point, NJ, for Petitioner.
Althea W. Davis, U.S. Dep’t of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On December 16, 2013, Donald Memmo filed a petition seeking compensation under the
National Vaccine Injury Compensation Program (“the Vaccine Program”).2 Petitioner alleges
that he suffered Guillain-Barré syndrome (“GBS”) as a result of receiving the influenza (“flu”)
vaccination.
Respondent denies that Petitioner’s GBS or any other injury were caused by the receipt of
the flu vaccine. Nonetheless both parties, while maintaining their above-stated positions, agreed
1 Because this decision contains a reasoned explanation for my action in this case, it will be posted 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 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-' 300aa-34
(West 1991 & Supp. 2002). All citations in this decision to individual sections of the Vaccine Act are to 42 U.S.C.A.
' 300aa.

Case 1:13-vv-00992-UNJ Document 20 Filed 08/26/14 Page 2 of 7
in a stipulation filed July 31, 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) A lump sum of $65,000.00, in the form of a check payable to Petitioner. This
amount represents 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 Petitioners. 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 jointly (or separately) filing
notice(s) renouncing their right to seek review.

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Case 1:13-vv-00992-UNJ Document 20 Filed 08/26/14 Page 7 of 7

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DOCUMENT 2: USCOURTS-cofc-1_13-vv-00992-1
Date issued/filed: 2014-09-26
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 09/26/2014) regarding 22 DECISION Fees Stipulation/Proffer ( Signed by Special Master Brian H. Corcoran.)(mpj) Copy to parties.
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Case 1:13-vv-00992-UNJ Document 26 Filed 09/26/14 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 13-992V
(Not to be published)
* * * * * * * * * * * * * * * * * * * * * * * * * * * * *
*
DONALD MEMMO, *
* Filed: September 4, 2014
Petitioner, *
* Decision by Stipulation; Attorney’s
v. * Fees & Costs
*
SECRETARY OF HEALTH AND *
HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * * *
Thomas P. Gallagher, NJ, for Petitioner.
Althea Walker Davis, U.S. Dep’t of Justice, Washington, D.C., for Respondent.
ATTORNEYS’ FEES AND COSTS DECISION1
On December 16, 2013, Donald Memmo filed a petition seeking compensation under the
National Vaccine Injury Compensation Program (Athe Vaccine Program@). On July 31, 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.
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-00992-UNJ Document 26 Filed 09/26/14 Page 2 of 2
On September 3, 2014, counsel for both parties filed another joint stipulation, this time
regarding attorneys’ fees and costs. The parties have stipulated that Petitioner’s counsel should
receive a lump sum of $23,205.59, in the form of a check payable to Petitioner and Petitioner’s
counsel. Additionally, the parties have stipulated that Petitioner should receive a lump sum of
$200.00, in the form of a check payable to Petitioner. These amounts represent sums to which
Respondent does not object.
I approve the requested amount for attorneys’ fees and costs as well as the requested
amount for Petitioner’s out-of-pocket expenses as reasonable. Accordingly, an award of
$23,205.59 should be made in the form of a check payable jointly to Petitioner and Petitioner’s
counsel, Thomas P. Gallagher, Esq.; and an award of $200.00 should be made in the form of a
check payable to Petitioner. 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.