VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_14-vv-01014
Package ID: USCOURTS-cofc-1_14-vv-01014
Petitioner: Alfred Plastino
Filed: 2015-08-18
Decided: 2016-03-23
Vaccine: influenza
Vaccination date: 2013-11-07
Condition: Guillain-Barré syndrome (GBS), acute respiratory failure, acute kidney failure, hyperkalemia, hypotension, acute cardiopulmonary arrest, and death
Outcome: compensated
Award amount USD: 340218

AI-assisted case summary:
On October 20, 2014, Ann Marie Plastino, as executor of the Estate of Alfred Plastino, filed a petition for compensation under the National Vaccine Injury Compensation Program. Petitioner alleged that Mr. Plastino suffered Guillain-Barré syndrome (GBS), acute respiratory failure, acute kidney failure, hyperkalemia, hypotension, acute cardiopulmonary arrest, and death as a result of an influenza vaccine he received on November 7, 2013. The respondent denied that the vaccination caused Mr. Plastino's GBS, other injuries, or death. The parties reached a settlement, and on August 18, 2015, a decision was issued awarding compensation in the amount of $325,000.00, payable to Ann Marie Plastino as legal representative of the Estate of Alfred Plastino. This amount represented compensation for all damages available under the Vaccine Act. Chief Special Master Denise K. Vowell adopted the parties' stipulation. Subsequently, on November 19, 2015, the parties filed a stipulation regarding attorneys' fees and costs. On March 23, 2016, Chief Special Master Nora Beth Dorsey issued a decision on attorney fees and costs, awarding $13,420.18 for attorney's fees and costs, jointly payable to petitioner and petitioner's counsel Edward Kraus, and $1,798.00 for petitioner's out-of-pocket litigation expenses, solely payable to petitioner. The total compensation awarded was $340,218.18. The public decision does not describe the specific onset of symptoms, medical tests performed, treatments received, or the specific mechanism of causation.

Theory of causation field:
Petitioner alleged that the influenza vaccine received on November 7, 2013, caused Guillain-Barré syndrome (GBS), acute respiratory failure, acute kidney failure, hyperkalemia, hypotension, acute cardiopulmonary arrest, and death. Respondent denied causation. The parties reached a stipulation for settlement. The public decision does not detail the specific theory of causation, medical experts, or evidence presented regarding the mechanism of injury. The case was resolved via stipulation, resulting in an award of $325,000.00 for damages, plus $13,420.18 for attorney fees and costs and $1,798.00 for out-of-pocket expenses, totaling $340,218.18. Decisions were issued by Chief Special Master Denise K. Vowell on August 18, 2015, and Chief Special Master Nora Beth Dorsey on March 23, 2016. Petitioner's counsel was Edward M. Kraus, and respondent's counsel was Claudia B. Gangi.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_14-vv-01014-0
Date issued/filed: 2015-09-08
Pages: 8
Docket text: PUBLIC DECISION (Originally filed: 08/18/2015) regarding 18 DECISION Stipulation/Proffer (Signed by Special Master Denise Kathryn Vowell.)(mpj) Copy to parties.
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Case 1:14-vv-01014-UNJ Document 21 Filed 09/08/15 Page 1 of 8
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 14-1014V
Filed: August 18, 2015
Unpublished
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
ANN MARIE PLASTINO, *
Executor of the Estate of *
ALFRED PLASTINO, *
* Joint Stipulation on Damages;
Petitioner, * Influenza Vaccine or Flu Vaccine;
v. * Guillain-Barré Syndrome (“GBS”);
* Special Processing Unit (“SPU”)
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Edward M. Kraus, Esq., Law Offices of Chicago Kent, Chicago, IL, for petitioner.
Claudia B. Gangi, Esq., US Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
Vowell, Chief Special Master:
On October 20, 2014, Ann Marie Plastino, as executor of the Estate of Alfred
Plastino [“Mr. Plastino”], 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 alleges that Mr. Plastino suffered Guillain-Barré syndrome
(GBS), acute respiratory failure, acute kidney failure, hyperkalemia, hypotension, acute
cardiopulmonary arrest, and death resulting from the influenza vaccine he received on
November 7, 2013. Petition at 1; see also Stipulation, filed Aug. 18, 2015, ¶¶ 2, 4.
Respondent denies that the influenza vaccination caused petitioner’s GBS, any other
injury, or death. 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-01014-UNJ Document 21 Filed 09/08/15 Page 2 of 8
Nevertheless, the parties have agreed to settle the case. Stipulation, ¶ 7. On
August 18, 2015, the parties filed a joint stipulation agreeing to settle this case and
describing the settlement terms.
Respondent agrees to pay petitioner a lump sum of $325,000.00 in the form of a
check payable to petitioner, Ann Marie Plastino, as legal representative of the Estate of
Alfred Plastino. 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.3
s/Denise K. Vowell
Denise K. Vowell
Chief Special Master
3 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

CCaassee 11::1144--vvvv--0011001144--UUNNJJ DDooccuummeenntt 1271 FFiilleedd 0089//1088//1155 PPaaggee 13 ooff 68

CCaassee 11::1144--vvvv--0011001144--UUNNJJ DDooccuummeenntt 1271 FFiilleedd 0089//1088//1155 PPaaggee 24 ooff 68

CCaassee 11::1144--vvvv--0011001144--UUNNJJ DDooccuummeenntt 1271 FFiilleedd 0089//1088//1155 PPaaggee 35 ooff 68

CCaassee 11::1144--vvvv--0011001144--UUNNJJ DDooccuummeenntt 1271 FFiilleedd 0089//1088//1155 PPaaggee 46 ooff 68

CCaassee 11::1144--vvvv--0011001144--UUNNJJ DDooccuummeenntt 1271 FFiilleedd 0089//1088//1155 PPaaggee 57 ooff 68

CCaassee 11::1144--vvvv--0011001144--UUNNJJ DDooccuummeenntt 1271 FFiilleedd 0089//1088//1155 PPaaggee 68 ooff 68

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DOCUMENT 2: USCOURTS-cofc-1_14-vv-01014-1
Date issued/filed: 2016-03-23
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 11/19/2015) regarding 26 DECISION Fees Stipulation/Proffer (Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
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Case 1:14-vv-01014-UNJ Document 29 Filed 03/23/16 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 14-1014V
Filed: November 19, 2015
Unpublished
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
ANN MARIE PLASTINO, *
Executor of the Estate of *
ALFRED PLASTINO, *
*
Petitioner, *
v. * Attorney Fees and Costs; Stipulation
*
SECRETARY OF HEALTH AND *
HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
Edward M. Kraus, Esq., Law Offices of Chicago Kent, Chicago, IL, for petitioner.
Claudia B. Gangi, Esq., U.S. Department of Justice, Washington, DC, for respondent.
DECISION ON ATTORNEY FEES AND COSTS1
Dorsey, Chief Special Master:
On October 20, 2014, Ann Marie Plastino, as executor of the Estate of Alfred
Plastino [“Mr. Plastino”], 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 Mr. Plastino suffered Guillain-Barré syndrome
(GBS), acute respiratory failure, acute kidney failure, hyperkalemia, hypotension, acute
cardiopulmonary arrest, and death resulting from the influenza vaccine he received on
November 7, 2013. Petition at 1. On August 18, 2015, a decision awarding
compensation to petitioner based on the parties’ stipulation was issued.
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-01014-UNJ Document 29 Filed 03/23/16 Page 2 of 2
On November 19, 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 $13,420.18 for attorney’s fees and costs and $1,798.00 for petitioner’s out-of-
pocket litigation expenses. In accordance with General Order #9, petitioner’s counsel
represents that petitioner incurred $1,798.00 in out-of-pocket expenses in this case.
Stipulation, ¶ 4.
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 $15,218.183 as follows:
1. a check in the amount of $13,420.18 jointly payable to petitioner and
petitioner’s counsel Edward Kraus and
2. A check in the amount of $1,798.00 solely payable to petitioner.
The clerk of the court shall enter judgment in accordance herewith.4
IT IS SO ORDERED.
s/Nora Beth Dorsey
Nora Beth Dorsey
Chief Special Master
3 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).
4 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