VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_14-vv-00158
Package ID: USCOURTS-cofc-1_14-vv-00158
Petitioner: Frank Fortunato
Filed: 2014-02-27
Decided: 2015-02-27
Vaccine: influenza
Vaccination date: 2012-12-13
Condition: Guillain-Barré Syndrome
Outcome: compensated
Award amount USD: 141186

AI-assisted case summary:
Frank Fortunato filed a petition on February 27, 2014, alleging that the influenza vaccine he received on or about December 13, 2012, caused him to suffer Guillain-Barré Syndrome (GBS) and that he experienced residual effects for more than six months. The respondent denied that the flu vaccine caused Mr. Fortunato's GBS. The parties reached a stipulation for compensation, which Special Master Christian J. Moran adopted as the decision of the Court. The stipulation awarded Mr. Fortunato a lump sum of $120,000.00 for all damages. Subsequently, on January 29, 2015, petitioner filed a stipulation of fact concerning final attorneys' fees and costs. Because Mr. Fortunato received compensation, he was entitled to an award of attorneys' fees and costs. The parties agreed to a total of $21,186.00 for attorneys' fees and litigation costs, payable to petitioner and his attorney, Danielle Strait. Additionally, Mr. Fortunato incurred $14.00 in out-of-pocket litigation expenses, which was also awarded. Special Master Christian J. Moran awarded these amounts, resulting in a total compensation of $141,186.00. Petitioner was represented by Danielle Strait of Maglio, Christopher & Toale, PA, and respondent was represented by Voris Johnson and later Amy Paula Kokot of the U.S. Department of Justice.

Theory of causation field:
Petitioner Frank Fortunato alleged that the influenza vaccine received on or about December 13, 2012, caused Guillain-Barré Syndrome (GBS), an injury listed on the Vaccine Injury Table. Petitioner further alleged residual effects for more than six months. Respondent denied causation. The parties reached a stipulation for compensation, which Special Master Christian J. Moran adopted. The decision does not describe the specific medical onset, symptoms, tests, treatments, or expert testimony. The theory of causation relied on the Vaccine Injury Table. Petitioner was awarded a lump sum of $120,000.00 for damages, plus $21,186.00 for attorneys' fees and costs, and $14.00 for out-of-pocket expenses, totaling $141,186.00. The decision was issued on January 8, 2015, with a subsequent decision on fees and costs issued on February 27, 2015. Petitioner's counsel was Danielle Strait, and respondent's counsel included Voris Johnson and Amy Paula Kokot. Special Master Christian J. Moran presided over the case.

Public staged source text:

================================================================================
DOCUMENT 1: USCOURTS-cofc-1_14-vv-00158-0
Date issued/filed: 2015-02-03
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 01/08/2015) regarding 30 DECISION Stipulation. Signed by Special Master Christian J. Moran. (tpj) Copy to parties.
--------------------------------------------------------------------------------
Case 1:14-vv-00158-UNJ Document 37 Filed 02/03/15 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
* * * * * * * * * * * * * * * * * * * *
FRANK FORTUNATO, * No. 14-158V
* Special Master Christian J. Moran
Petitioner, *
v. * Filed: January 8, 2015
*
SECRETARY OF HEALTH * Stipulation; influenza (“flu”) vaccine,
AND HUMAN SERVICES, * Guillain- Barré syndrome (“GBS”).
*
Respondent. *
* * * * * * * * * * * * * * * * * * * *
Danielle Strait, Maglio, Christopher & Toale, PA, Washington, DC, for Petitioner;
Voris Johnson, U.S. Dep’t of Justice, Washington, DC, for Respondent.
UNPUBLISHED DECISION1
On January 5, 2015, respondent filed a joint stipulation concerning the
petition for compensation filed by Frank Fortunato on February 27, 2014. In his
petition, Mr. Fortunato 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 or about December 13, 2012, caused him to suffer Guillain-
Barré Syndrome (“GBS”). Petitioner further alleges that he experienced the
residual effects of this injury 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 flu vaccine administered on or about December
13, 2012, is the cause of petitioner’s alleged GBS 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-00158-UNJ Document 37 Filed 02/03/15 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 lump sum of $120,000.00 in the form of a check payable to petitioner,
Frank Fortunato. 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 14-158V according to this decision
and the attached stipulation.2
Any questions may be directed to my law clerk, Mary Holmes, at (202) 357-
6353.
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--0000115588--UUNNJJ DDooccuummeenntt 2387 FFiilleedd 0012//0053//1155 PPaaggee 13 ooff 57

CCaassee 11::1144--vvvv--0000115588--UUNNJJ DDooccuummeenntt 2387 FFiilleedd 0012//0053//1155 PPaaggee 24 ooff 57

CCaassee 11::1144--vvvv--0000115588--UUNNJJ DDooccuummeenntt 2387 FFiilleedd 0012//0053//1155 PPaaggee 35 ooff 57

CCaassee 11::1144--vvvv--0000115588--UUNNJJ DDooccuummeenntt 2387 FFiilleedd 0012//0053//1155 PPaaggee 46 ooff 57

CCaassee 11::1144--vvvv--0000115588--UUNNJJ DDooccuummeenntt 2387 FFiilleedd 0012//0053//1155 PPaaggee 57 ooff 57

================================================================================
DOCUMENT 2: USCOURTS-cofc-1_14-vv-00158-1
Date issued/filed: 2015-02-27
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 02/02/2015) regarding 36 DECISION Fees Stipulation. Signed by Special Master Christian J. Moran. (tpj) Copy to parties.
--------------------------------------------------------------------------------
Case 1:14-vv-00158-UNJ Document 40 Filed 02/27/15 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
* * * * * * * * * * * * * * * * * * * *
FRANK FORTUNATO, * No. 14-158V
* Special Master Christian J. Moran
Petitioner, *
v. * Filed: February 2, 2015
*
SECRETARY OF HEALTH * Attorneys’ fees and costs; award
AND HUMAN SERVICES, * in the amount to which
* respondent does not object.
Respondent. *
* * * * * * * * * * * * * * * * * * * *
Danielle Strait, Maglio, Christopher & Toale, PA, Washington, DC, for Petitioner;
Amy Paula Kokot, U.S. Dep’t of Justice, Washington, DC, for Respondent.
UNPUBLISHED DECISION ON FEES AND COSTS1
On January 29, 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 $21,200.00, an amount to which respondent does not object.
The Court awards this amount.
On February 27, 2014, Frank Fortunato filed a petition for compensation
alleging that the influenza vaccine, which he received on or about December 13,
2012, caused him to suffer Guillain-Barré syndrome (“GBS”). Petitioner received
compensation based upon the parties’ stipulation. Decision, filed Jan. 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-00158-UNJ Document 40 Filed 02/27/15 Page 2 of 2
Petitioner seeks a total of $21,186.00 in attorneys’ fees and costs for his
counsel. Additionally, in compliance with General Order No. 9, petitioner states
that he incurred $14.00 in 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. A lump sum of $21,186.00, in the form of a check made payable to
petitioner and petitioner’s attorney, Danielle Strait, for attorneys’
fees and other litigation costs available under 42 U.S.C. § 300aa-
15(e).
b. A lump sum of $14.00, payable to petitioner, Frank Fortunato, for
costs he incurred in pursuit of his petition.
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-
6353.
IT IS SO ORDERED.
s/Christian J. Moran
Christian J. Moran
Special Master
2