VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_14-vv-01003
Package ID: USCOURTS-cofc-1_14-vv-01003
Petitioner: Vincent M. Cusimano
Filed: 2014-10-16
Decided: 2016-09-27
Vaccine: influenza
Vaccination date: 2011-10-05
Condition: Guillain-Barre Syndrome (GBS)
Outcome: compensated
Award amount USD: 377756

AI-assisted case summary:
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.

Theory of causation field:
Petitioner Vincent M. Cusimano alleged that his Guillain-Barre Syndrome (GBS) was caused by an influenza vaccine received on October 5, 2011. The respondent denied causation. The case was processed as a Table claim, indicating a presumed link between the vaccine and the injury under the National Vaccine Injury Compensation Program. The parties entered into a joint stipulation to settle the case, agreeing to an award of $377,756.64 in a lump sum, plus an amount for an annuity contract to cover future expenses. The lump sum included compensation for first-year life care expenses ($54,585.94), pain and suffering ($250,000.00), and past unreimbursable expenses ($73,170.70). The annuity contract was structured to provide periodic payments for various future medical and personal care needs, with specified annual increases. The decision was issued by Chief Special Master Nora Beth Dorsey on September 27, 2016, based on the joint stipulation filed on July 11, 2016. Petitioner was represented by Douglas Robert Plymale, and respondent was represented by Ann Donohue Martin.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_14-vv-01003-0
Date issued/filed: 2016-09-27
Pages: 9
Docket text: PUBLIC DECISION (Originally filed: 07/11/2016) regarding 32 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
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Case 1:14-vv-01003-UNJ Document 36 Filed 09/27/16 Page 1 of 9
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 14-1003V
Filed: July 11, 2016
UNPUBLISHED
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
VINCENT M. CUSIMANO, *
*
Petitioner, * Joint Stipulation on Damages;
v. * Influenza (“Flu”) Vaccination;
* Guillain-Barre Syndrome (“GBS”);
SECRETARY OF HEALTH * Special Processing Unit (“SPU”)
AND HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Douglas Robert Plymale, Plymale Law Firm, New Orleans, LA, for petitioner.
Ann Donohue Martin, U.S. Department of Justice, Washington, DC, for respondent.
DECISION ON JOINT STIPULATION1
Dorsey, Chief Special Master:
On October 16, 2014, petitioner filed a petition for compensation under the
National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.,2 (the
“Vaccine Act”). Petitioner alleges that he suffered Guillain-Barre Syndrome (“GBS”) as
a result of his October 5, 2011 influenza vaccine. Petition at 1; Stipulation, filed July
11, 2016, at ¶¶ 2, 4. Petitioner further alleges that his GBS persisted for more than six
months, and that there has been no prior award, compensation, or settlement of a civil
action for damages as a result of his injury. Petition at ¶¶ 10-12; Stipulation at ¶ 5.
“Respondent denies that the influenza vaccine caused petitioner to suffer GBS or any
other condition.” Stipulation at ¶ 6.
Nevertheless, on July 11, 2016, the parties filed the attached joint stipulation,
stating that a decision should be entered awarding compensation. The undersigned
1 Because this unpublished decision contains a reasoned explanation for the action in this case, the
undersigned intends to 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 note (2012) (Federal Management and Promotion of
Electronic Government Services). 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, the undersigned agrees that the identified material fits
within this definition, the undersigned 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 (2012).

Case 1:14-vv-01003-UNJ Document 36 Filed 09/27/16 Page 2 of 9
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 petitioner shall receive the following compensation:
a. A lump sum of $377,756.64, which amount represents compensation for
first year life care expenses ($54,585.94), pain and suffering
($250,000.00), and past unreimbursable expenses ($73,170.70), in the
form of a check payable to petitioner; and
b. An amount sufficient to purchase the annuity contract described in
paragraph 10 below, paid to the life insurance company from which the
annuity will be purchased (the “Life Insurance Company”).
Stipulation at ¶ 8. This amount represents compensation for all items of damages that
would be available under 42 U.S.C. § 300aa-15(a).
The undersigned approves the requested amount for petitioner’s compensation.
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.3
IT IS SO ORDERED.
s/Nora Beth Dorsey
Nora Beth Dorsey
Chief Special Master
3 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by the parties’ joint filing of notice
renouncing the right to seek review.
2

Case 1:14-vv-01003-UNJ Document 36 Filed 09/27/16 Page 3 of 9
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
____________________________________
)
VINCENT M. CUSIMANO, )
)
Petitioner, )
v. )
) No. 14-1003V
SECRETARY OF HEALTH ) Chief Special MasterDorsey
AND HUMAN SERVICES ) ECF
)
Respondent. )
____________________________________)
STIPULATION
The parties hereby stipulate to the following matters:
1. Vincent M. Cusimano, petitioner, filed a petition for vaccine compensation under the
National Vaccine Injury Compensation Program, 42 U.S.C. §§300aa-10 to -34 (the “Vaccine
Program”). The petition seeks compensation for injuries allegedly related to petitioner’s receipt
of an influenzavaccine, which vaccine is contained in the Vaccine Injury Table (the “Table”),
42C.F.R. § 100.3 (a).
2. Petitioner receivedhis influenzaimmunization on October 5, 2011.
3. The vaccination was administered within the United States.
4. Petitioner alleges that he sufferedGuillain-BarreSyndrome (“GBS”) as a result of
receiving the influenza vaccine.
5. Petitioner represents that there has been no prior award or settlement of a civil action
for damages onhis behalf as a result ofhis condition.
6. Respondent denies that the influenzavaccine caused petitionerto suffer from GBS or
any other injury.

Case 1:14-vv-01003-UNJ Document 36 Filed 09/27/16 Page 4 of 9
7. Maintaining their above-stated positions, the parties nevertheless now agree that the
issues between them shall be settled and that a decision should be entered awarding the
compensation described in paragraph 8 of this Stipulation.
8. As soon as practicable after an entry of judgment reflecting a decision consistent with
the terms of this Stipulation, and after petitioner has filed an election to receive compensation
pursuant to 42 U.S.C. § 300aa-21(a)(1), the Secretary of Health and Human Services will issue
the following vaccine compensation payments:
a. A lump sum of $377,756.64, which amount represents compensation for first year life
care expenses ($54,585.94),pain and suffering($250,000.00),and past unreimbursable
expenses ($73,170.70), in the form of a check payable to petitioner; and
b. An amount sufficient to purchase the annuity contract described in paragraph 10
below, paidto the life insurance company from which theannuity will be purchased
(the“Life Insurance Company”).
9. The Life Insurance Company must have a minimum of $250,000,000 capital and
surplus, exclusive of any mandatory security valuation reserve. The Life Insurance Company
must have one of the following ratings from two of the following rating organizations:
a. A.M. Best Company: A++, A+, A+g, A+p, A+r, or A+s;
b. Moody’s Investor Service Claims Paying Rating: Aa3, Aa2, Aa1, or Aaa;
c. Standardand Poor’s Corporation Insurer Claims-Paying Ability Rating: AA-,
AA, AA+, or AAA;
d. Fitch Credit Rating Company, Insurance Company Claims Paying Ability Rating:
AA-, AA, AA+, or AAA.
10. The Secretary of Health and Human Services agrees to purchase an annuity contract
from the Life Insurance Company for the benefit of petitioner, Vincent M. Cusimano, pursuant
to which the Life Insurance Company will agree to make payments periodically to petitioner as
follows:
2

Case 1:14-vv-01003-UNJ Document 36 Filed 09/27/16 Page 5 of 9
a. For future unreimbursable Medicare Part B Premium,Humana Advantage Premium,
and Medicare Part D expenses,beginning on the first anniversary of the date of judgment,
an annual amount of $5,005.01to be paid for the remainder of petitioner’s life,increasing
at the rate of fivepercent (5%), compounded annually from the date of judgment.
b. For future unreimbursable Humana Advantage Maximum-out-of-Pocket and Podiatrist
expenses,beginning on the first anniversary of the date of judgment, an annual amount of
$3,250.00to be paid for the remainder of petitioner’s life, increasing at the rate of five
percent (5%), compounded annually from the date of judgment.
c. For future unreimbursable Power Wheelchair, Power Lift, Wheelchair Maintenance,
Hospital Bed, Tub Bench, Heating Pad, CoolingPillow, Diabetic Socks, Thera-band,
Rocker Knife, Large Handled Eating Utensil, Water Jet Flosser, Medical Alert, and Lift
Batteryexpenses, on the first anniversary of the date of judgment, a lump sum of
$1,946.84. Thereafter, beginning on the second anniversary of the date of judgment,an
annual amount of $1,883.44to be paid for the remainder of petitioner’s life, all amounts
increasing at the rate of threepercent (3%), compounded annually from the date of
judgment.
d. For future unreimbursable pain reliever expenses, beginning on the first anniversary of
the date of judgment,an annual amount of $235.68to be paid for the remainder of
petitioner’s life, increasing at the rate of threepercent (3%), compounded annually from
the date of judgment.
e. For future unreimbursable Ancillary Home Serviceexpenses, beginning on the first
anniversary of the date of judgment, an annual amount of $2,340.00to be paid up to the
anniversary of the date of judgment in year 2020, increasing at the rate of threepercent
(3%), compounded annually from the date of judgment.
f. For future unreimbursable Personal Care Attendant expenses, beginning on the first
anniversary of the date of judgment, an annual amount of $7,072.00 to be paid for the
remainder of petitioner’s life, increasing at the rate of threepercent (3%), compounded
annually from the date of judgment.
At the sole discretion of the Secretary of Health and Human Services, the periodic
payments set forth in paragraph 10 above may be provided to petitioner in monthly, quarterly,
annual or other installments. The “annual amounts”set forth above describe only the total yearly
sum to be paid to petitioner and do not require that the payment be made in one annual
installment. Petitioner will continue to receive the annuity payments from the Life Insurance
Company only so long as he, Vincent M. Cusimano, is alive at the time that a particular payment
3

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is due. Written notice shall be provided to the Secretary of Health and Human Services and the
Life Insurance Company within twenty (20) days of Vincent M. Cusimano’s death.
11. The annuity contract will be owned solely and exclusively by the Secretary of Health
and Human Services and will be purchased as soon as practicable following the entry of a
judgment in conformity with this Stipulation. The parties stipulate and agree that the Secretary
ofHealth and Human Services and the United States of America are not responsible for the
payment of any sums other than the amounts set forth in paragraph 8 herein and the amounts
awarded pursuant to paragraph 12 herein, and that they do not guarantee or insure any of the
future annuity payments. Upon the purchase of the annuity contract, the Secretary of Health and
Human Services and the United States of America are released from any and all obligations with
respect to future annuity payments.
12. As soon as practicable after the entry of judgment on entitlement in this case, and
after petitioner has filed both a proper and timely election to receive compensation pursuant to
42 U.S.C. § 300aa-21(a)(1), and an application, the parties will submit to further proceedings
before the special master to award reasonable attorneys’ fees and costs incurred in proceeding
upon this petition.
13. Petitioner andhis attorney represent that they have identified to respondent all
known sources of payment for items or services for which the Program is not primarily liable
under 42 U.S.C. § 300aa-15(g), including State compensation programs, insurance policies,
Federal or State health benefits programs (other than Title XIXof the Social Security Act
(42U.S.C. § 1396 et seq.)), or entities that provide health services on a pre-paid basis.
4

Case 1:14-vv-01003-UNJ Document 36 Filed 09/27/16 Page 7 of 9
14. Payments made pursuant to paragraph 8 and any amounts awarded pursuant to
paragraph 12 of this Stipulation will be made in accordance with 42 U.S.C. § 300aa-15(i),
subject to the availability of sufficient statutory funds.
15. The parties and their attorneys further agree and stipulate that, except for any award
for attorneys’ fees and litigationcosts, and past unreimbursable expenses, the money provided
pursuant to this Stipulation either immediately or as part of the annuity contract, will be used
solely for petitioner’s benefit as contemplated by a strict construction of 42 U.S.C. §§300aa-
15(a) and (d), and subject to the conditions of 42 U.S.C. §§300aa-15(g) and (h).
16. In return for the payments described in paragraphs 8 and 12, petitioner, inhis
individual capacity, and on behalf ofhis heirs, executors, administrators, successors or assigns,
does forever irrevocably and unconditionally release, acquit and discharge the United States and
the Secretary of Health and Human Services from any and all actions or causes of action
(including agreements, judgments, claims, damages, loss of services, expenses and all demands
of whatever kind or nature) that have been brought, could have been brought, or could be timely
brought in the Court of Federal Claims, under the National Vaccine Injury Compensation
Program, 42 U.S.C. § 300 aa-10 et seq., onaccount of, or in any way growing out of, any and all
known or unknown, suspected or unsuspected personal injuries to or death of petitioner resulting
from, or alleged to have resulted from, the influenza vaccination administered onOctober 5,
2011, as alleged by petitioner in a petition for vaccine compensation filed on or about October
16, 2014, in the United States Court of Federal Claims as petition No. 14-1003V.
17. If petitioner should die prior to entry of judgment, this agreement shall be voidable
upon proper notice to the Court on behalf of either or both of the parties.
5

Case 1:14-vv-01003-UNJ Document 36 Filed 09/27/16 Page 8 of 9
18. If the special master fails to issue a decision in complete conformity with the terms
of this Stipulation or if the Court of Federal Claims fails to enter judgment in conformity with a
decision that is in complete conformity with the terms of this Stipulation, then the parties’
settlement and this Stipulation shall be voidable at the sole discretion of either party.
19. This Stipulation expresses a full and complete negotiated settlement of liability and
damages claimed under the National Childhood Vaccine Injury Act of 1986, as amended, except
as otherwise noted in paragraph 12 above. There is absolutely no agreement on the part of the
parties hereto to make any payment or to do any act or thing other than is herein expressly stated
and clearly agreed to. The parties further agree and understand that the award described in this
Stipulation may reflect a compromise of the parties’ respective positions as to liability and/or
amount of damages, and further, that a change in the nature of the injury or condition or in the
items of compensation sought, is not grounds to modify or revise this agreement.
20. Petitioner hereby authorizes respondent to disclose documents filed by petitioner in
this case consistent with the Privacy Act and the routine uses described in the National Vaccine
Injury Compensation Program System of Records, No. 09-15-0056.
21. This Stipulation shall not be construed as an admission by the United States or the
Secretary of Health and Human Services that the influenza vaccine caused petitioner’s GBS or
any other injury.
22. All rights and obligations of petitioner hereunder shall apply equally to petitioner’s
heirs, executors, administrators, successors, and/or assigns.
END OF STIPULATION
6

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