VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_14-vv-00130
Package ID: USCOURTS-cofc-1_14-vv-00130
Petitioner: Debra Passantino
Filed: 2014-02-18
Decided: 2015-05-13
Vaccine: influenza
Vaccination date: 2012-10-29
Condition: Guillain-Barré Syndrome
Outcome: compensated
Award amount USD: 150000

AI-assisted case summary:
On February 18, 2014, Debra Passantino filed a Vaccine Program petition alleging that an influenza vaccine received on or about October 29, 2012 caused Guillain-Barre Syndrome. She also alleged that the residual effects of the injury lasted more than six months.

The compensation decision was entered on a joint stipulation and does not describe onset, hospitalization, neurologic testing, treatment, or expert analysis. Respondent denied that the flu vaccination caused Passantino's GBS or any other injury, and also denied that her current disabilities were sequelae of a vaccine-related injury.

On May 12, 2015, the parties filed a stipulation agreeing that compensation should be awarded. Special Master Thomas L. Gowen found the stipulation reasonable and adopted it on May 13, 2015. Passantino was awarded a lump sum of $150,000.00, payable to her, representing all damages available under section 15(a). A separate August 13, 2015 decision addressed attorney fees and costs and did not change the injury-compensation award. Passantino was represented by Gary A. Newland of Newland & Newland, LLP.

Theory of causation field:
Influenza vaccine (on or about October 29, 2012) alleged to cause Guillain-Barre Syndrome with residual effects for more than six months. COMPENSATED by joint stipulation. Respondent denied that the flu vaccine caused GBS or any other injury and denied that current disabilities were vaccine-related sequelae; public stipulation decision gives limited clinical facts. Special Master Thomas L. Gowen adopted the compensation stipulation on May 13, 2015. Award: $150,000.00 lump sum payable to Debra Passantino for all section 15(a) damages. Attorney: Gary A. Newland, Newland & Newland, LLP, Arlington Heights, IL.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_14-vv-00130-0
Date issued/filed: 2015-06-05
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 05/13/2015) regarding 25 DECISION Stipulation/Proffer (Signed by Special Master Thomas L. Gowen.)(mpj) Copy to parties.
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Case 1:14-vv-00130-UNJ Document 26 Filed 06/05/15 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 14-130V
Filed: May 13, 2015
* * * * * * * * * * * * * * * * UNPUBLISHED
DEBRA PASSANTINO, *
* Special Master Gowen
Petitioner, *
* Joint Stipulation on Damages;
v. * Influenza (“Flu”) Vaccine;
* Guillain-Barré Syndrome.
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * *
Gary A. Newland, Newland & Newland, LLP, Arlington Heights, IL, for petitioner.
Glenn A. MacLeod, United States Department of Justice, Washington, DC, for respondent.
DECISION ON JOINT STIPULATION1
On February 18, 2014, Debra Passantino (“petitioner”) filed a petition pursuant to the
National Vaccine Injury Compensation Program.2 42 U.S.C. §§ 300aa-1 to -34 (2006). Petitioner
alleged that as a result of receiving an influenza (“flu”) vaccine on or about October 29, 2012, she
developed Guillain-Barré Syndrome (“GBS”). Stipulation ¶ 2, 4. Further, petitioner alleged that
she experienced residual effects of her injury for more than six months. Id. at ¶ 4.
On May 12, 2015, the parties filed a stipulation in which they state that a decision should
1 Because this decision contains a reasoned explanation for the undersigned’s action in this case,
the undersigned intends to post this ruling on the website of the United States Court of Federal
Claims, 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 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).
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. §§ 300aa-1 to -34 (2006) (Vaccine Act or the Act). All citations in this decision to
individual sections of the Vaccine Act are to 42 U.S.C.A. § 300aa.
1

Case 1:14-vv-00130-UNJ Document 26 Filed 06/05/15 Page 2 of 7
be entered awarding compensation. Respondent denies that the flu vaccination caused petitioner’s
GBS or any other injury, and further denies that her current disabilities are a sequela of vaccine-
related injury. Id. at ¶ 6. Nevertheless, the parties agree to the joint stipulation, attached hereto as
Appendix A. The undersigned finds the stipulation reasonable and adopts it as the decision of the
Court in awarding damages, on the terms set forth therein.
The parties stipulate that petitioner shall receive the following compensation:
A lump sum of $150,000.00, in the form of a check payable to petitioner, Debra
Passantino. This amount represents compensation for all damages that would be
available under 42 U.S.C. § 300aa-15(a).
Id. at ¶ 8.
The undersigned approves the requested amount for petitioner’s compensation.
Accordingly, an award should be made consistent with the stipulation.
The clerk of the court SHALL ENTER JUDGMENT in accordance with the terms of
the parties’ stipulation.3
IT IS SO ORDERED.
s/ Thomas L. Gowen
Thomas L. Gowen
Special Master
3 Pursuant to Vaccine Rule 11(a), entry of judgment is expedited by the parties’ joint filing of
notice renouncing the right to seek review.
2

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DOCUMENT 2: USCOURTS-cofc-1_14-vv-00130-1
Date issued/filed: 2015-09-03
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 08/13/2015) regarding 32 DECISION Fees Stipulation/Proffer ( Signed by Special Master Thomas L. Gowen.)(mpj) Copy to parties.
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Case 1:14-vv-00130-UNJ Document 33 Filed 09/03/15 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 14-130V
Filed: August 13, 2015
* * * * * * * * * * * * * * * * UNPUBLISHED
DEBRA PASSANTINO, *
* Special Master Gowen
Petitioner, *
* Joint Stipulation;
v. * Attorneys’ Fees and Costs;
*
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * *
Gary A. Newland, Newland & Newland, LLP, Arlington Heights, IL, for petitioner.
Glenn A. MacLeod, United States Department of Justice, Washington, DC, for respondent.
DECISION ON ATTORNEYS’ FEES AND COSTS1
On February 18, 2014, Debra Passantino (“petitioner”) filed a petition pursuant to the
National Vaccine Injury Compensation Program.2 42 U.S.C. §§ 300aa-1 to -34 (2006). Petitioner
alleged that as a result of receiving an influenza (“flu”) vaccine on or about October 29, 2012, she
developed Guillian-Barré Syndrome (“GBS”). Petition at ¶ 2, 6. On May 12, 2015, the parties
filed a stipulation in which they agreed to an award of compensation to petitioner. On May 13,
2015, the undersigned issued a decision adopting the parties’ stipulation for an award. See
1 Because this decision contains a reasoned explanation for the undersigned’s action in this case,
the undersigned intends to post this ruling on the website of the United States Court of Federal
Claims, 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 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).
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. §§ 300aa-1 to -34 (2006) (Vaccine Act or the Act). All citations in this decision to
individual sections of the Vaccine Act are to 42 U.S.C.A. § 300aa.
1

Case 1:14-vv-00130-UNJ Document 33 Filed 09/03/15 Page 2 of 2
Decision on J. Stip., filed May. 13, 2015.
On August 12, 2015, the parties filed a stipulation concerning attorneys’ fees and costs.
Petitioner requests a total award of attorneys’ fees and costs in the amount of $6,150.00. Stip. for
Fees and Costs ¶ 5. Respondent does not object. Id. at ¶3. In accordance with General Order #9,
petitioner represents that she did not incur any reimbursable costs in pursuit of this claim. Id. at ¶
4.
The Vaccine Act permits an award of reasonable attorneys’ fees and costs. 42 U.S.C. § 300
aa-15(e). Based on the reasonableness of the parties’ stipulation, the undersigned GRANTS the
request for approval and payment of attorneys’ fees and costs.
Accordingly, an award should be made as follows:
(1) in the form of a check jointly payable to petitioner and to petitioner’s attorney,
Gary A. Newland, of Newland & Newland, LLP, in the amount of $6,150.00.
In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of the
court SHALL ENTER JUDGMENT in accordance herewith.3
IT IS SO ORDERED.
s/ Thomas L. Gowen
Thomas L. Gowen
Special Master
3 Pursuant to Vaccine Rule 11(a), entry of judgment is expedited by the parties’ joint filing of
notice renouncing the right to seek review.
2