VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_14-vv-00083
Package ID: USCOURTS-cofc-1_14-vv-00083
Petitioner: Ruben Castillo
Filed: 2014-01-29
Decided: 2015-06-26
Vaccine: influenza
Vaccination date: 2013-01-10
Condition: transverse myelitis and/or neuromyelitis optica (“NMO”)
Outcome: compensated
Award amount USD: 272370

AI-assisted case summary:
Ruben Castillo filed a petition alleging that the influenza vaccine he received on January 10, 2013, caused him to develop transverse myelitis and/or neuromyelitis optica (NMO). The flu vaccine is listed on the Vaccine Injury Table. Mr. Castillo alleged that he experienced residual effects from these injuries for more than six months. Respondent denied that the vaccine caused his alleged injuries. Despite the denial, the parties reached a stipulation for compensation. The court adopted the stipulation, awarding Mr. Castillo a total of $272,370.68. This amount included $1,308.08 to reimburse a State of Florida Medicaid lien and $254,000.00 for all remaining damages. Additionally, a separate decision awarded $18,362.65 for attorneys' fees and costs, payable jointly to Mr. Castillo and his attorney. The case was resolved through stipulation and resulted in compensation for Mr. Castillo.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_14-vv-00083-0
Date issued/filed: 2015-06-03
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 05/08/2015) regarding 40 DECISION Stipulation. Signed by Special Master Christian J. Moran. (tpj) Copy to parties.
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Case 1:14-vv-00083-UNJ Document 45 Filed 06/03/15 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
* * * * * * * * * * * * * * * * * * * * *
RUBEN CASTILLO, * No. 14-083V
Petitioner, * Special Master Moran
*
v. * Filed: May 8, 2015
*
SECRETARY OF HEALTH * Stipulation; Influenza (“flu”) vaccine;
AND HUMAN SERVICES, * transverse myelitis; neuromyelitis
Respondent. * optica (“NMO”).
* * * * * * * * * * * * * * * * * * * * *
Anne Toale, Maglio, Christopher & Toale, PA, Sarasota, FL, for Petitioner;
Ryan Pyles, United States Dep’t of Justice, Washington, DC, for Respondent.
UNPUBLISHED DECISION1
On May 7, 2015, respondent filed a joint stipulation concerning the petition
for compensation filed by Ruben Castillo on January 29, 2014. In his petition, Mr.
Castillo alleged that the influenza (“flu”) vaccine, which is contained in the
Vaccine Injury Table (the “Table”), 42 C.F.R. §100.3(a), and which he received on
January 10, 2013, caused him to develop transverse myelitis and/or neuromyelitis
optica (“NMO”). Petitioner further alleges that he experienced the residual effects
of these injuries for more than six months. Petitioner represents that there has been
no prior award or settlement of a civil action for damages as a result of his
condition.
Respondent denies that the vaccine is the cause of petitioner’s alleged
transverse myelitis, NMO, and/or any other injury.
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 1:14-vv-00083-UNJ Document 45 Filed 06/03/15 Page 2 of 7
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 payment of $1,308.08, which amount represents
reimbursement of a State of Florida Medicaid lien, in the form of a
check payable jointly to petitioner and
Agency for Health Care Administration
Xerox Recovery Services
P.O. Box 12188
Tallahassee, FL 32317
Petitioner agrees to endorse this payment to the State; and
B. A lump sum payment of $254,000.00 in the form of a check payable
to petitioner, Ruben Castillo. This amount represents compensation
for all remaining 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 14-083V according to this decision
and the attached stipulation.2
Any questions may be directed to my law clerk, Mary Holmes, 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::1144--vvvv--0000008833--UUNNJJ DDooccuummeenntt 3495 FFiilleedd 0056//0073//1155 PPaaggee 13 ooff 57

CCaassee 11::1144--vvvv--0000008833--UUNNJJ DDooccuummeenntt 3495 FFiilleedd 0056//0073//1155 PPaaggee 24 ooff 57

CCaassee 11::1144--vvvv--0000008833--UUNNJJ DDooccuummeenntt 3495 FFiilleedd 0056//0073//1155 PPaaggee 35 ooff 57

CCaassee 11::1144--vvvv--0000008833--UUNNJJ DDooccuummeenntt 3495 FFiilleedd 0056//0073//1155 PPaaggee 46 ooff 57

CCaassee 11::1144--vvvv--0000008833--UUNNJJ DDooccuummeenntt 3495 FFiilleedd 0056//0073//1155 PPaaggee 57 ooff 57

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DOCUMENT 2: USCOURTS-cofc-1_14-vv-00083-1
Date issued/filed: 2015-06-26
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 05/28/2015) regarding 44 DECISION Fees Stipulation. Signed by Special Master Christian J. Moran. (tpj) Copy to parties.
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Case 1:14-vv-00083-UNJ Document 48 Filed 06/26/15 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
* * * * * * * * * * * * * * * * * * * * *
RUBEN CASTILLO, * No. 14-083V
Petitioner, * Special Master Moran
*
v. * Filed: May 28, 2015
*
SECRETARY OF HEALTH * Attorneys’ fees and costs; award
AND HUMAN SERVICES, * in the amount to which
Respondent. * respondent does not object.
* * * * * * * * * * * * * * * * * * * * *
Anne Toale, Maglio, Christopher & Toale, PA, Sarasota, FL, for Petitioner;
Ryan Pyles, United States Dep’t of Justice, Washington, DC, for Respondent.
UNPUBLISHED DECISION ON FEES AND COSTS1
On April 30, 2015, respondent 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 $18,362.65, an amount to which respondent does not object.
The Court awards this amount.
On January 29, 2014, Ruben Castillo filed a petition for compensation
alleging that the influenza vaccine, which he received on November 12, 2007,
caused him to develop transverse myelitis and/or neuromyelitis optica (“NMO”).
Petitioner received compensation based upon the parties’ stipulation. Decision,
issued May 8, 2015. Because petitioner received compensation, he is entitled to an
award of attorneys’ fees and costs. 42 U.S.C. § 300aa-15(e).
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 parties have 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 1:14-vv-00083-UNJ Document 48 Filed 06/26/15 Page 2 of 2
Petitioner seeks a total of $18,362.65, in attorneys’ fees and costs for his
counsel. Additionally, in compliance with General Order No. 9, petitioner states
that he incurred no out-of-pocket litigation expenses while pursuing this claim.
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 $18,362.65, in the form of a check made payable to
petitioner and petitioner’s attorney, Anne C. 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, Mary Holmes, at (202) 357-6360.
IT IS SO ORDERED.
s/ Christian J. Moran
Christian J. Moran
Special Master
2