VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_14-vv-00754
Package ID: USCOURTS-cofc-1_14-vv-00754
Petitioner: R.S.
Filed: 2016-02-22
Decided: 2016-03-14
Vaccine: influenza
Vaccination date: 2013-10-25
Condition: Chronic Inflammatory Demyelinating Polyneuropathy (CIDP)
Outcome: compensated
Award amount USD: 70036

AI-assisted case summary:
On August 20, 2014, Petitioner Keith Snow filed a petition on behalf of R.S., a minor child, seeking compensation under the National Vaccine Injury Compensation Program. The petition alleged that R.S. developed Chronic Inflammatory Demyelinating Polyneuropathy (CIDP) as a result of an influenza vaccine received on October 25, 2013. The respondent denied that the CIDP and related medical problems were caused by the vaccine. Despite maintaining their respective positions, both parties entered into a stipulation filed on February 19, 2016, agreeing that the issues could be settled and that an award of compensation should be entered. Special Master Brian H. Corcoran reviewed the stipulation and found it to be reasonable, adopting it as the decision in the case. The stipulation awarded compensation in three parts: an amount sufficient to purchase an annuity contract, a lump sum of $53,036.55 to reimburse a Medicaid lien for services rendered to R.S. (payable jointly to Petitioner and the Treasurer of the State of Connecticut), and a lump sum of $154,452.00 for the benefit of R.S. (payable to Petitioner as guardian/conservator of R.S.'s estate, contingent upon documentation of appointment). Separately, on February 19, 2016, the parties filed a joint stipulation regarding attorney's fees and costs. Special Master Corcoran approved this stipulation, awarding Petitioner's counsel, Anne Carrión Toale, Esq., a lump sum of $17,000.00, payable jointly to Petitioner and counsel. The total award for damages and fees was $171,488.55 ($53,036.55 + $154,452.00 + $17,000.00). The Special Master directed the clerk to enter judgment accordingly, unless a motion for review was filed.

Theory of causation field:
Petitioner Keith Snow, on behalf of minor R.S., alleged that an influenza vaccine administered on October 25, 2013, caused Chronic Inflammatory Demyelinating Polyneuropathy (CIDP). Respondent denied causation. The parties entered into a stipulation to settle the case, which was adopted by Special Master Brian H. Corcoran. The stipulation awarded compensation for a Medicaid lien ($53,036.55) and for the benefit of R.S. ($154,452.00), totaling $207,488.55 in damages. A separate stipulation awarded attorney's fees and costs of $17,000.00 to Petitioner's counsel, Anne Carrión Toale, Esq. The total award was $224,488.55. The public decision does not describe the specific medical experts, clinical details of R.S.'s condition, or the mechanism of causation.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_14-vv-00754-0
Date issued/filed: 2016-03-14
Pages: 11
Docket text: PUBLIC DECISION (Originally filed: 2/22/2016) regarding 32 DECISION Stipulation. Signed by Special Master Brian H. Corcoran. (ag) Copy to parties.
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Case 1:14-vv-00754-UNJ Document 41 Filed 03/14/16 Page 1 of 11
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 14-754V
(Not to be published)
* * * * * * * * * * * * * * * * * * * * * * * * * * * * *
*
KEITH SNOW, on behalf of R.S., a minor child, *
*
Petitioner, * Filed: February 22, 2016
*
v. * Decision by Stipulation; Damages;
* Influenza (“Flu”) Vaccine;
* Chronic Inflammatory
SECRETARY OF HEALTH AND * Demyelinating Polyneuropathy
HUMAN SERVICES, * (“CIDP”)
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * * *
Anne Toale, Maglio Christopher and Toale, Sarasota, FL, for Petitioner.
Jennifer Reynaud, U.S. Dep’t of Justice, Washington, DC, for Respondent
DECISION AWARDING DAMAGES1
On August 20, 2014, Petitioner Keith Snow filed a petition on behalf of R.S., a minor child,
seeking compensation under the National Vaccine Injury Compensation Program.2 Petitioner
alleges that R.S. suffered Chronic Inflammatory Demyelinating Polyneuropathy (“CIDP”) as a
result of the influenza (“flu”) vaccine she received on October 25, 2013.
Respondent denies that R.S.’s CIDP and related medical problems were caused by the
receipt of the flu vaccine. Nonetheless both parties, while maintaining their above-stated positions,
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 (Dec. 17, 2002) (current version at 44 U.S.C. § 3501 (2014)). 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.)
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. 3758, codified as amended, 42 U.S.C.A. ' 300aa-10 to ' 300aa-34 (2012).

Case 1:14-vv-00754-UNJ Document 41 Filed 03/14/16 Page 2 of 11
agreed in a stipulation filed February 19, 2016, 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. An amount sufficient to purchase the annuity contract described in the
stipulation, paid to the life insurance company from which the annuity will be
purchased;
b. A lump sum of $53,036.55, which amount represents reimbursement of a
Medicaid lien for services rendered on behalf of R.S., in the form of a check
payable jointly to Petitioner and
Treasurer of the State of Connecticut
Department of Administrative Services
165 Capital Avenue
Hartford, CT 06106-1658
ATTN: Reyne Maturo, Reimbursement Analyst
Case Number: 3204093
Petitioner agrees to endorse this payment to the State; and
c. A lump sum of $154,452.00 in the form of a check payable to Petitioner as
guardian/conservator of the estate of R.S., for the benefit of R.S. No payments
shall be made until Petitioner provides Respondent with documentation
establishing that he has been appointed as the guardian/conservator of R.S.’s
estate.
Stipulation ¶ 8.
I approve a Vaccine Program award in the requested amount set forth above to be made to
Petitioner. 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.
3 Pursuant to Vaccine Rule 11(a), the parties may expedite entry of judgment by jointly filing notice renouncing their
right to seek review.
2

Case 1:14-vv-00754-UNJ Document 41 Filed 03/14/16 Page 3 of 11
/s/ Brian H. Corcoran
Brian H. Corcoran
Special Master
3

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DOCUMENT 2: USCOURTS-cofc-1_14-vv-00754-1
Date issued/filed: 2016-03-14
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 2/22/2016) regarding 35 DECISION Fees Stipulation. Signed by Special Master Brian H. Corcoran. (ag) Copy to parties.
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Case 1:14-vv-00754-UNJ Document 42 Filed 03/14/16 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 14-754V
(Not to be published)
* * * * * * * * * * * * * * * * * * * * * * * * * * * * *
*
KEITH SNOW, on behalf of R.S., a minor child, *
* Filed: February 22, 2016
Petitioner, *
* Decision by Stipulation; Attorney’s
v. * Fees & Costs
*
SECRETARY OF HEALTH AND *
HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * * *
Anne Carrión Toale, Maglio Christopher and Toale, Sarasota, FL, for Petitioner
Jennifer Reynaud, U.S. Dep’t of Justice, Washington, DC, for Respondent
ATTORNEY’S FEES AND COSTS DECISION1
On August 20, 2014, Keith Snow filed a petition on behalf of R.S., a minor child, seeking
compensation under the National Vaccine Injury Compensation Program. On February 19, 2016,
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.
Counsel for both parties have now filed another joint stipulation, this time in regards to
attorney’s fees and costs. The parties have stipulated that Petitioner’s counsel should receive a
lump sum of $17,000.00, in the form of a check payable to Petitioner and Petitioner’s counsel.
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 (Dec. 17, 2002) (current version at 44 U.S.C. § 3501 (2014)). 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 1:14-vv-00754-UNJ Document 42 Filed 03/14/16 Page 2 of 2
This amount represents a sum to which Respondent does not object. In addition, and in compliance
with General Order No. 9, Petitioner has represented that he did incur any reimbursable costs in
proceeding on this petition.
I approve the requested amount for attorney’s fees and costs as reasonable. Accordingly,
an award should be made in the form of a check in the amount of $17,000.00 payable jointly to
Petitioner and Petitioner’s counsel, Anne Carrión Toale, Esq. The award shall be forwarded to
Maglio Christopher & Toale, PA, 1604 Main Street, Suite 710, Sarasota Florida 34236. 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.