VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_14-vv-00908
Package ID: USCOURTS-cofc-1_14-vv-00908
Petitioner: Nancy Toner
Filed: 2016-05-31
Decided: 2016-06-28
Vaccine: influenza
Vaccination date: 2011-09-29
Condition: Guillain-Barré syndrome (GBS) and/or chronic inflammatory demyelinating polyneuropathy (CIDP)
Outcome: compensated
Award amount USD: 481616

AI-assisted case summary:
Nancy Toner's estate, represented by Anthony Mirra, filed a petition on September 26, 2014, seeking compensation under the National Vaccine Injury Compensation Program. The petition alleged that Ms. Toner received an influenza vaccine on or about September 29, 2011, and subsequently suffered from Guillain-Barré syndrome (GBS) and/or chronic inflammatory demyelinating polyneuropathy (CIDP). It was further alleged that Ms. Toner's death on August 12, 2014, was a sequela of her GBS and/or CIDP. The respondent denied that Ms. Toner suffered any injury as a result of the vaccine or that her death was a sequela of her alleged vaccine-related GBS/CIDP. Despite maintaining their respective positions, both parties agreed to settle the case through a stipulation filed on May 31, 2016. Special Master Brian H. Corcoran reviewed the file and found the stipulation to be reasonable, adopting it as the decision of the court. The stipulation awarded a lump sum of $6,616.93 to reimburse a State of New York Medicaid lien, payable jointly to Petitioner and the NYC Human Resources Administration. Additionally, a lump sum of $475,000.00 was awarded as compensation for all other damages, payable to Petitioner as Legal Representative of the Estate of Nancy Toner. The total award amounted to $481,616.93. Michael J. Williams of Cellino and Barnes, P.C. represented the Petitioner, and Gordon Elliot Shemin of the U.S. Department of Justice represented the Respondent. The decision was issued on June 28, 2016.

Theory of causation field:
Petitioner alleged that Nancy Toner received an influenza vaccine on or about September 29, 2011, and subsequently developed Guillain-Barré syndrome (GBS) and/or chronic inflammatory demyelinating polyneuropathy (CIDP), which ultimately led to her death on August 12, 2014. Respondent denied any vaccine-related injury or death. The parties reached a stipulation to settle the case, and Special Master Brian H. Corcoran adopted the stipulation as the decision. The stipulation awarded $6,616.93 for a Medicaid lien and $475,000.00 for all other damages, totaling $481,616.93. The specific medical experts, clinical details of the alleged GBS/CIDP, onset of symptoms, diagnostic tests, treatments, or the precise mechanism of causation were not detailed in the public decision, as the case was resolved by stipulation. Petitioner was represented by Michael J. Williams, and Respondent by Gordon Elliot Shemin. The decision was issued on June 28, 2016.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_14-vv-00908-0
Date issued/filed: 2016-06-28
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 05/31/2016) Regarding 28 DECISION Stipulation (Signed by Special Master Brian H. Corcoran). (ay) Copy to parties.
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Case 1:14-vv-00908-UNJ Document 29 Filed 06/28/16 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 14-908V
(Not to be Published)
* * * * * * * * * * * * * * * * * * * * * * * * *
*
ANTHONY MIRRA, Individually and as *
the representative of the estate of *
NANCY TONER, *
* Filed: May 31, 2016
Petitioner, *
*
v. * Decision by Stipulation; Damages;
* Influenza (“Flu”) Vaccination;
SECRETARY OF HEALTH * Guillain-Barré Syndrome (“GBS”);
AND HUMAN SERVICES, * Chronic Inflammatory Demyelinating
* Polyneuropathy (“CIDP”).
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * *
Michael J. Williams, Cellino and Barnes, P.C., Buffalo, NY, for Petitioner.
Gordon Elliot Shemin, U.S. Dep’t of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On September 26, 2014, Anthony Mirra filed a petition, on behalf of the Estate of Nancy
Toner, seeking compensation under the National Vaccine Injury Compensation Program (“Vaccine
Program”).2 Petitioner alleges that Ms. Toner suffered from Guillain-Barré syndrome (“GBS”) and/or
chronic inflammatory demyelinating polyneuropathy (“CIDP”) as a result of her receipt of the
influenza (“flu”) vaccine on or about September 29, 2011. Moreover, Petitioner alleges that Ms.
Toner’s death on August 12, 2014, was a sequela of her GBS and/or CIDP.
1 Because this decision contains a reasoned explanation for my actions in this case, I will post it on the United States
Court of Federal Claims website, in accordance with the E-Government Act of 2002, 44 U.S.C. § 3501 (2012). As
provided by 42 U.S.C. § 300aa-12(d)(4)(B), however, the parties may object to the decision’s inclusion of certain kinds
of confidential information. Specifically, under Vaccine Rule 18(b), each party has fourteen 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 Vaccine Program comprises Part 2 of the National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100
Stat. 3758, codified as amended at 42 U.S.C. §§ 300aa-10 through 34 (2012) (“Vaccine Act” or “the Act”). Individual
section references hereafter will be to § 300aa of the Act (but will omit that statutory prefix).

Case 1:14-vv-00908-UNJ Document 29 Filed 06/28/16 Page 2 of 7
Respondent denies that Ms. Toner suffered any injury as a result of the flu vaccine
administered on or about September 29, 2011, and further denies that Ms. Toner’s death was a sequela
of her alleged vaccine-related GBS and/or CIDP. Nonetheless both parties, while maintaining their
above-stated positions, agreed in a stipulation (filed on May 31, 2016) that the issues before them
could 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
(as attached hereto) is reasonable. I therefore adopt it as my decision in awarding damages on the
terms set forth therein.
The stipulation awards:
 A lump sum of $6,616.93, which represents reimbursement of a State of New York
Medicaid lien, in the form of a check payable jointly to Petitioner and
NYC Human Resources Administration
P.O. Box 414799
Boston, MA 02241
Petitioner agrees to endorse this payment to the State; and
 A lump sum of $475,000.00 in the form of a check payable to Petitioner as Legal
Representative of the Estate of Nancy Toner.
Stipulation ¶ 8. This amounts represents compensation for all damages that would be available under
Section 15(a) of the Act.
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.
/s/ Brian H. Corcoran
Brian H. Corcoran
Special Master
3 Pursuant to Vaccine Rule 11(a), the parties may expedite entry of judgment by each filing (either jointly or separately)
a notice renouncing their right to seek review.
2

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