VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_14-vv-00972 Package ID: USCOURTS-cofc-1_14-vv-00972 Petitioner: L.R. Filed: 2014-10-09 Decided: 2015-11-24 Vaccine: influenza Vaccination date: 2012-10-08 Condition: Guillain-Barré Syndrome and/or Chronic Inflammatory Demyelinating Polyneuropathy (CIDP) Outcome: compensated Award amount USD: 192000 AI-assisted case summary: On October 9, 2014, Kristin J. Reginelli and Daniel W. Reginelli, parents and natural guardians of L.R., a minor, filed a petition under the National Vaccine Injury Compensation Program. They alleged that L.R. developed Guillain-Barré Syndrome (GBS) and/or Chronic Inflammatory Demyelinating Polyneuropathy (CIDP) as a result of receiving an influenza vaccine on October 8, 2012. The petition further alleged that L.R. experienced residual effects of the injury for more than six months. The respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused L.R.'s alleged conditions. Despite the denial, the parties filed a joint stipulation for damages. Special Master Thomas L. Gowen reviewed the stipulation, found it reasonable, and adopted it as the decision of the Court. The stipulation awarded L.R. a lump sum of $185,000.00, payable to petitioners as guardians/conservators of L.R.'s estate, and awarded petitioners Kristin J. Reginelli and Daniel W. Reginelli a lump sum of $7,000.00 for past unreimbursed expenses, totaling $192,000.00. Judgment was ordered to be entered in accordance with the terms of the stipulation. The case was compensated based on this joint stipulation. The public decision does not describe the specific onset of symptoms, medical tests, treatments, or expert witnesses. The attorneys involved were James B. Blumenstiel for the petitioner and Jennifer L. Reynaud for the respondent. Theory of causation field: Petitioners alleged that L.R. developed Guillain-Barré Syndrome (GBS) and/or Chronic Inflammatory Demyelinating Polyneuropathy (CIDP) following an influenza vaccine administered on October 8, 2012, with residual effects lasting more than six months. The respondent denied causation. The parties entered into a joint stipulation for damages, resulting in an award of $185,000.00 for L.R. and $7,000.00 for past unreimbursed expenses, totaling $192,000.00. Special Master Thomas L. Gowen approved the stipulation on November 24, 2015. The theory of causation was designated as 'Off-Table' in the provided database fields, and the public decision does not detail the specific medical mechanism or expert testimony presented. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_14-vv-00972-0 Date issued/filed: 2015-11-24 Pages: 8 Docket text: PUBLIC DECISION (Originally filed: 11/3/2015) regarding 36 DECISION Stipulation ( Signed by Special Master Thomas L. Gowen.)(mpj) Copy to parties. Modified on 11/25/2015 (tjk). -------------------------------------------------------------------------------- Case 1:14-vv-00972-UNJ Document 39 Filed 11/24/15 Page 1 of 8 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 14-972V Filed: November 3, 2015 * * * * * * * * * * * * * UNPUBLISHED KRISTIN J. REGINELLI and * DANIEL W. REGINELLI, parents * and natural guardians of L.R., a minor, * * Special Master Gowen Petitioner, * * Joint Stipulation on Damages; v. * Guillain-Barré Syndrome (GBS); * Chronic Inflammatory SECRETARY OF HEALTH * Demyelinating Polyneuropathy AND HUMAN SERVICES, * (CIDP) * Respondent. * * * * * * * * * * * * * * * James B. Blumenstiel, Blumenstiel Falvo, LLC, Dublin, OH, for petitioner. Jennifer L. Reynaud, United States Department of Justice, Washington, DC, for respondent. DECISION ON JOINT STIPULATION1 On October 9, 2014, Kristin J. Reginelli and Daniel W. Reginelli (“petitioners”) filed a petition pursuant to the National Vaccine Injury Compensation Program. 2 42 U.S.C. §§ 300aa-1 to -34 (2012). Petitioners alleged that, as a result of receiving an influenza (“flu”) vaccine on October 8, 2012, L.R. developed Guillain-Barre Syndrome and/or Chronic Inflammatory Demyelinating Polyneuropathy (“CIDP”). Petition at ¶ 12, 16. Further, petitioners alleged that L.R. experienced residual effects of the injury for more than six months. Id. at ¶ 13. 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 (2012) (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. Case 1:14-vv-00972-UNJ Document 39 Filed 11/24/15 Page 2 of 8 On November 2, 2015, the parties filed a stipulation in which they state that a decision should be entered awarding compensation. Respondent denies that the flu vaccine caused L.R.’s alleged GBS, CIDP, or any other injury or condition. Stipulation ¶ 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 petitioners shall receive the following compensation: (1) A lump sum of $185,000.00 in the form of a check payable to petitioners as guardians/conservators of the estate of L.R., for the benefit of L.R.; and (2) A lump sum of $7,000.00 in the form of a check payable to petitioners, Kristin J. Reginelli and Daniel W. Reginelli, for past unreimbursed expenses. These amounts represents compensation for all damages that would be available under 42 U.S.C. § 300aa-15(a). Id. ¶ 8. The undersigned approves the requested amounts for petitioner’s compensation. Accordingly, 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. Case 1:14-vv-00972-UNJ Document 39 Filed 11/24/15 Page 3 of 8 Case 1:14-vv-00972-UNJ Document 39 Filed 11/24/15 Page 4 of 8 Case 1:14-vv-00972-UNJ Document 39 Filed 11/24/15 Page 5 of 8 Case 1:14-vv-00972-UNJ Document 39 Filed 11/24/15 Page 6 of 8 Case 1:14-vv-00972-UNJ Document 39 Filed 11/24/15 Page 7 of 8 Case 1:14-vv-00972-UNJ Document 39 Filed 11/24/15 Page 8 of 8