VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_14-vv-00816
Package ID: USCOURTS-cofc-1_14-vv-00816
Petitioner: Parra O’Siochain
Filed: 2014-09-04
Decided: 2016-04-27
Vaccine: influenza
Vaccination date: 2011-12-22
Condition: Guillain-Barré syndrome (GBS)
Outcome: compensated
Award amount USD: 180000

AI-assisted case summary:
Parra O’Siochain filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that he suffered Guillain-Barré syndrome (GBS) as a result of an influenza vaccine received on December 22, 2011. The petition stated that his vaccine-related injuries had lasted more than six months. Respondent denied that the influenza vaccination caused petitioner's GBS or any other injury. However, the parties reached a settlement agreement. The court adopted the parties' stipulation and awarded compensation. This included a lump sum payment of $1,501.34 to satisfy a Medicaid lien and a lump sum of $180,000.00 for all other damages. Subsequently, a separate decision addressed attorney fees and costs. The parties stipulated to an award of $19,428.51 for attorney's fees and costs, which was awarded as a lump sum payable to petitioner and his counsel. The case was compensated based on the stipulations.

Theory of causation field:
unclear

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_14-vv-00816-0
Date issued/filed: 2015-10-20
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 09/25/2015) regarding 31 DECISION Stipulation/Proffer (Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
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Case 1:14-vv-00816-UNJ Document 35 Filed 10/20/15 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 14-816V
Filed: September 25, 2015
Unpublished
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
PARRA O’SIOCHAIN, *
*
Petitioner, * Joint Stipulation on Damages;
v. * Influenza Vaccine or Flu Vaccine;
* Guillain-Barré Syndrome (“GBS”);
SECRETARY OF HEALTH * Special Processing Unit (“SPU”)
AND HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Amber Wilson, Esq., Maglio Christopher and Toale, PA, (DC) Washington, DC, for
petitioner.
Justine Walters, Esq., U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
Dorsey, Chief Special Master:
On September 4, 2014, Parra O’Siochain filed a petition for compensation under
the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.,2 [the
“Vaccine Act” or “Program”]. Petitioner alleged that he suffered Guillain-Barré syndrome
(GBS) resulting from the influenza vaccine he received on December 22, 2011.
Petition, ¶¶ 2, 11-12; see also Stipulation, filed Sept. 25, 2015, ¶¶ 2, 4. Petitioner
further alleges that his “vaccine related injuries have lasted more than six months.”
Petition, ¶ 13. Respondent denies that the influenza vaccination caused petitioner’s
GBS, any other injury, or his current condition. Stipulation, ¶ 6.
1 Because this unpublished decision contains a reasoned explanation for the action in this case, I intend
to post it 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 (codified as amended at 44 U.S.C. § 3501
note (2006)). In accordance with Vaccine Rule 18(b), petitioner has 14 days to identify and move to
redact medical or other information, the disclosure of which would constitute an unwarranted invasion of
privacy. If, upon review, I agree that the identified material fits within this definition, I will redact such
material from public access.
2 National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755. Hereinafter, for
ease of citation, all “§” references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. §
300aa (2006).

Case 1:14-vv-00816-UNJ Document 35 Filed 10/20/15 Page 2 of 7
Nevertheless, the parties have agreed to settle the case. Stipulation, ¶ 7. On
September 25, 2015, the parties filed a joint stipulation agreeing to settle this case and
describing the settlement terms.
Respondent agrees to pay petitioner the following amounts:
1. A lump sum payment of $1,501.34 in the form of a check payable jointly
to petitioner, Parra O’Siochain, and
State of California
Department of Health Care Services
Recovery Branch – MS 4720
P.O. Box 997421
Sacramento, CA 95899 32317-7421
representing compensation for satisfaction of the State of California Medicaid lien.3
2. A lump sum of $180,000.00 in the form of a check payable to petitioner,
Parra O’Siochain.
Stipulation, ¶ 8. This amount represents compensation for all damages that would be
available under 42 U.S.C. § 300aa-15(a). Id.
I adopt the parties’ stipulation attached hereto, and award compensation in the
amount and on the terms set forth therein. In the absence of a motion for review filed
pursuant to RCFC Appendix B, the clerk of the court is directed to enter judgment in
accordance with this decision.4
s/Nora Beth Dorsey
Nora Beth Dorsey
Chief Special Master
3 Petitioner agrees to endorse this payment to the State of California, Department of Health Care
Services.
4 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by each filing a notice renouncing
the right to seek review by a United States Court of Federal Claims judge.
2

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CCaassee 11::1144--vvvv--0000881166--UUNNJJ DDooccuummeenntt 3305 FFiilleedd 0190//2250//1155 PPaaggee 24 ooff 57

CCaassee 11::1144--vvvv--0000881166--UUNNJJ DDooccuummeenntt 3305 FFiilleedd 0190//2250//1155 PPaaggee 35 ooff 57

CCaassee 11::1144--vvvv--0000881166--UUNNJJ DDooccuummeenntt 3305 FFiilleedd 0190//2250//1155 PPaaggee 46 ooff 57

CCaassee 11::1144--vvvv--0000881166--UUNNJJ DDooccuummeenntt 3305 FFiilleedd 0190//2250//1155 PPaaggee 57 ooff 57

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DOCUMENT 2: USCOURTS-cofc-1_14-vv-00816-1
Date issued/filed: 2016-04-27
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 12/09/2015) regarding 38 DECISION Fees Stipulation/Proffer (Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
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Case 1:14-vv-00816-UNJ Document 41 Filed 04/27/16 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 14-816V
Filed: December 9, 2015
Unpublished
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
PARRA O’SIOCHAIN, *
*
Petitioner, *
v. * Attorney Fees and Costs; Stipulation
*
SECRETARY OF HEALTH AND *
HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
Amber Wilson, Maglio Christopher and Toale, PA, Washington, DC, for petitioner.
Justine Walters, U.S. Department of Justice, Washington, DC, for respondent.
DECISION ON ATTORNEY FEES AND COSTS1
Dorsey, Chief Special Master:
On September 4, 2014, Parra O’Siochain filed a petition for compensation under
the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.,2 [the
“Vaccine Act” or “Program”]. Petitioner alleged that he suffered Guillain-Barré syndrome
(GBS) resulting from the influenza vaccine he received on December 22, 2011.
Petition, ¶¶ 2, 11-12. On September 25, 2015, a decision awarding compensation to
petitioner based on the parties’ stipulation was issued.
On December 9, 2015, the parties filed a Stipulation of Facts Regarding Final
Attorneys’ Fees and Costs. According to the stipulation, the parties agree upon an
award of $19,428.51 for attorney’s fees and costs. In compliance with General Order
1 Because this unpublished decision contains a reasoned explanation for the action in this case, I intend
to 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 (codified as amended at 44
U.S.C. § 3501 note (2006)). In accordance with Vaccine Rule 18(b), petitioners have 14 days to identify
and move to redact medical or other information, the disclosure of which would constitute an unwarranted
invasion of privacy. If, upon review, I agree that the identified material fits within this definition, I will
redact such material from public access.
2 National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755. Hereinafter, for
ease of citation, all “§” references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. §
300aa (2006).

Case 1:14-vv-00816-UNJ Document 41 Filed 04/27/16 Page 2 of 2
#9, petitioner filed a statement indicating petitioner incurred no out-of-pocket expenses
in this case.3
The Vaccine Act permits an award of reasonable attorneys’ fees and costs. 42
U.S.C. § 300 aa-15(e). The proposed amount is reasonable.
Accordingly, I award the total of $19,428.514 as a lump sum in the form of a
check jointly payable to petitioner and petitioner’s counsel Amber Wilson. Per
petitioner’s request, the check should be sent to Maglio Christopher & Toale, PA,
1605 Main Street, Suite 710, Sarasota Florida 34236. See Stipulation, ¶ 6.
The clerk of the court shall enter judgment in accordance herewith.5
IT IS SO ORDERED.
s/Nora Beth Dorsey
Nora Beth Dorsey
Chief Special Master
3 Petitioner’s counsel also represented that petitioner incurred no out-of-pocket expenses. Stipulation, ¶
4.
4 This amount is intended to cover all legal expenses incurred in this matter. This award encompasses all
charges by the attorney against a client, “advanced costs” as well as fees for legal services rendered.
Furthermore, 42 U.S.C. § 300aa-15(e)(3) prevents an attorney from charging or collecting fees (including
costs) that would be in addition to the amount awarded herein. See generally Beck v. Sec’y, HHS, 924
F.2d 1029 (Fed. Cir.1991).
5 Entry of judgment can be expedited by each party’s filing of a notice renouncing the right to seek review.
See Vaccine Rule 11(a).
2