Vincent M. Cusimano v. HHS - Influenza, Guillain-Barre Syndrome (GBS) (2016)

Vincent M. Cusimano filed a petition for compensation under the National Vaccine Injury Compensation Program on October 16, 2014, alleging that he suffered Guillain-Barre Syndrome (GBS) as a result of an influenza vaccine he received on October 5, 2011.

Mr. Cusimano further alleged that his GBS persisted for more than six months and that there had been no prior award, compensation, or settlement of a civil action for damages related to his injury.

The respondent, the Secretary of Health and Human Services, denied that the influenza vaccine caused Mr. Cusimano's GBS or any other condition.

Despite these opposing positions, the parties filed a joint stipulation on July 11, 2016, agreeing to settle the issues and award compensation. Chief Special Master Nora Beth Dorsey reviewed the stipulation and found it reasonable, adopting it as the decision of the Court.

The stipulation detailed the agreed-upon compensation, which included a lump sum of $377,756.64. This lump sum was allocated as $54,585.94 for first-year life care expenses, $250,000.00 for pain and suffering, and $73,170.70 for past unreimbursable expenses.

Additionally, an amount sufficient to purchase an annuity contract was to be paid to a life insurance company for the benefit of Mr. Cusimano.

This annuity was structured to cover various future unreimbursable expenses, including Medicare Part B premiums, Humana Advantage premiums, Medicare Part D expenses, Humana Advantage maximum-out-of-pocket expenses, podiatrist expenses, power wheelchair and related equipment costs, hospital bed and related equipment costs, pain reliever expenses, ancillary home services, and personal care attendant expenses. The annuity payments were set to begin on the first anniversary of the judgment date and continue for the remainder of Mr.

Cusimano's life, with specified annual increases. The stipulation also outlined conditions for the annuity contract, including the financial qualifications of the life insurance company and the ownership of the contract by the Secretary of Health and Human Services.

The parties agreed that the Secretary and the United States would not be responsible for payments beyond those specified in the stipulation. The stipulation further addressed the process for awarding reasonable attorneys' fees and costs, and confirmed that petitioner had identified all other known sources of payment for his medical expenses.

The agreement released the United States and the Secretary from all claims related to the alleged vaccine injury, provided the stipulation was fully adhered to. The case was processed as a Table claim, and the parties stipulated to the award amount.

Petitioner was represented by Douglas Robert Plymale, and respondent was represented by Ann Donohue Martin.