VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_13-vv-01019
Package ID: USCOURTS-cofc-1_13-vv-01019
Petitioner: Joseph Corona
Filed: 2013-12-26
Decided: 2015-12-14
Vaccine: Tdap
Vaccination date: 2012-04-04
Condition: Guillain-Barré Syndrome (“GBS”)
Outcome: compensated
Award amount USD: 100000

AI-assisted case summary:
Joseph Corona filed a petition for compensation on December 26, 2013, alleging that the Tetanus-Diphtheria-acellular Pertussis (Tdap) vaccine, received on April 4, 2012, caused him to suffer Guillain-Barré Syndrome (GBS). The respondent denied that the Tdap immunization caused Mr. Corona's GBS or any other injury or his current condition. The parties reached a stipulation regarding compensation. On April 15, 2015, Special Master Christian J. Moran adopted the stipulation and awarded Mr. Corona $100,000.00 in compensation for all damages. This award was in the form of a check payable to Joseph Corona. Subsequently, on November 9, 2015, the parties filed a stipulation for attorneys' fees and costs. Petitioner's counsel, F. John Caldwell, Jr. of Maglio, Christopher & Toale, PA, initially submitted an application for fees and costs, to which the respondent raised objections. Following discussions, the application was amended to request $23,006.35, an amount to which the respondent did not object. On November 10, 2015, Special Master Christian J. Moran issued a decision on fees and costs, awarding the stipulated amount of $23,006.35. This award was in the form of a check made payable to both Joseph Corona and his attorney, F. John Caldwell, Jr. The total compensation awarded to Mr. Corona was $123,006.35.

Theory of causation field:
Petitioner Joseph Corona alleged that the Tdap vaccine, received on April 4, 2012, caused Guillain-Barré Syndrome (GBS). The respondent denied causation. The parties reached a stipulation for compensation, and the Special Master adopted it. The public decision does not describe the specific medical theory of causation, expert testimony, or the mechanism by which the vaccine allegedly caused GBS. The case was resolved via stipulation. The Tdap vaccine is listed on the Vaccine Injury Table for GBS. Special Master Christian J. Moran adopted the stipulation on April 15, 2015, awarding $100,000.00 for all damages. Attorneys' fees and costs of $23,006.35 were awarded on November 10, 2015, bringing the total award to $123,006.35. Petitioner was represented by F. John Caldwell, Jr. of Maglio, Christopher & Toale, PA, and the respondent was represented by Justine Walters of the U.S. Dep’t of Justice.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_13-vv-01019-0
Date issued/filed: 2015-05-08
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 04/15/2015) regarding 34 DECISION Stipulation. Signed by Special Master Christian J. Moran. (tpj) Copy to parties.
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Case 1:13-vv-01019-UNJ Document 35 Filed 05/08/15 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
* * * * * * * * * * * * * * * * * * * *
JOSEPH CORONA, * No. 13-1019V
* Special Master Christian J. Moran
Petitioner, *
v. * Filed: April 15, 2015
*
SECRETARY OF HEALTH * Stipulation; Tetanus-Diphtheria-
AND HUMAN SERVICES, * acellular Pertussis (“Tdap”) vaccine;
* Guillain-Barré Syndrome (“GBS”).
Respondent. *
* * * * * * * * * * * * * * * * * * * *
F. John Caldwell, Maglio, Christopher & Toale, PA, Sarasota, FL, for Petitioner;
Justine Walters, U.S. Dep’t of Justice, Washington, DC, for Respondent.
UNPUBLISHED DECISION1
On April 14, 2015, respondent filed a joint stipulation concerning the
petition for compensation filed by Joseph Corona on December 26, 2013. In his
petition, Mr. Corona alleged that the Tetanus-Diphtheria-acellular Pertussis
(“Tdap”) vaccine, which is contained in the Vaccine Injury Table (the “Table”), 42
C.F.R. §100.3(a), and which he received on April 4, 2012, caused him to suffer
Guillain-Barré Syndrome (“GBS”). Petitioner represents that there has been no
prior award or settlement of a civil action for damages on his behalf as a result of
his condition.
Respondent denies that the Tdap 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 said stipulation reasonable and adopts it as
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.

Case 1:13-vv-01019-UNJ Document 35 Filed 05/08/15 Page 2 of 7
the decision of the Court in awarding damages, on the terms set forth therein.
Damages awarded in that stipulation include:
A lump sum of $100,000.00 in the form of a check payable to petitioner,
Joseph Corona. This amount represents compensation for all damages
that would be available under 42 U.S.C. § 300aa-15(a).
In the absence of a motion for review filed pursuant to RCFC, Appendix B,
the clerk is directed to enter judgment in case 13-1019V according to this decision
and the attached stipulation.2
Any questions may be directed to my law clerk, Christina Gervasi, at (202)
357-6360.
IT IS SO ORDERED.
s/ Christian J. Moran
Christian J. Moran
Special Master
2 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.
2

CCaassee 11::1133--vvvv--0011001199--UUNNJJ DDooccuummeenntt 3335 FFiilleedd 0045//1048//1155 PPaaggee 13 ooff 57

CCaassee 11::1133--vvvv--0011001199--UUNNJJ DDooccuummeenntt 3335 FFiilleedd 0045//1048//1155 PPaaggee 24 ooff 57

CCaassee 11::1133--vvvv--0011001199--UUNNJJ DDooccuummeenntt 3335 FFiilleedd 0045//1048//1155 PPaaggee 35 ooff 57

CCaassee 11::1133--vvvv--0011001199--UUNNJJ DDooccuummeenntt 3335 FFiilleedd 0045//1048//1155 PPaaggee 46 ooff 57

CCaassee 11::1133--vvvv--0011001199--UUNNJJ DDooccuummeenntt 3335 FFiilleedd 0045//1048//1155 PPaaggee 57 ooff 57

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DOCUMENT 2: USCOURTS-cofc-1_13-vv-01019-1
Date issued/filed: 2015-12-14
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 11/10/2015) regarding 40 DECISION Fees Stipulation/Proffer. Signed by Special Master Christian J. Moran. (tpj) Copy to parties.
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Case 1:13-vv-01019-UNJ Document 43 Filed 12/14/15 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
* * * * * * * * * * * * * * * * * * * *
JOSEPH CORONA, * No. 13-1019V
* Special Master Christian J. Moran
Petitioner, *
v. * Filed: November 10, 2015
*
SECRETARY OF HEALTH * Attorneys’ fees and costs; award
AND HUMAN SERVICES, * in the amount to which respondent
* does not object.
Respondent. *
* * * * * * * * * * * * * * * * * * * *
F. John Caldwell, Jr., Maglio, Christopher & Toale, PA, Sarasota, FL, for
Petitioner;
Justine Walters, U.S. Dep’t of Justice, Washington, DC, for Respondent.
UNPUBLISHED DECISION ON FEES AND COSTS1
On November 9, 2015, petitioner filed a stipulation of fact concerning final
attorneys’ fees and costs in the above-captioned matter. Previously, petitioner
informally submitted a draft application for attorneys’ fees and costs to respondent
for review. Upon review of petitioner’s application, respondent raised objections
to certain items. Based on subsequent discussions, petitioner amended his
application to request $23,006.35, an amount to which respondent does not object.
The Court awards this amount.
On December 26, 2013, Joseph Corona filed a petition for compensation
alleging that the Tetanus-Diphtheria-acellular Pertussis (“Tdap”) vaccine, which he
received on April 4, 2012, caused him to suffer Guillain-Barré Syndrome (“GBS”).
Petitioner received compensation based upon the parties’ stipulation. Decision,
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 ruling 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.

Case 1:13-vv-01019-UNJ Document 43 Filed 12/14/15 Page 2 of 2
issued Apr. 15, 2015. Because petitioner received compensation, he is entitled to
an award of attorneys’ fees and costs. 42 U.S.C. § 300aa-15(e).
Petitioner seeks a total of $23,006.35 in attorneys’ fees and costs. In
compliance with General Order No. 9, petitioner has filed a statement indicating
that while represented by Maglio, Christopher & Toale, PA Law Firm, he did not
incur costs related to the litigation of this matter. Respondent has no objection to
the amount requested for attorneys’ fees and costs.
After reviewing the request, the Court awards the following:
A lump sum of $23,006.35 in the form of a check made payable to
petitioner and petitioner’s attorney, F. John Caldwell, Jr., of the
law firm Maglio, Christopher, & Toale, for attorneys’ fees and
other litigation costs available under 42 U.S.C. § 300aa-15(e).
The Court thanks the parties for their cooperative efforts in resolving this
matter. The Clerk shall enter judgment accordingly.
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