VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_14-vv-01151 Package ID: USCOURTS-cofc-1_14-vv-01151 Petitioner: Douglas A. Dinunzio Filed: 2014-11-25 Decided: 2016-04-26 Vaccine: influenza Vaccination date: 2014-01-25 Condition: Guillain-Barré Syndrome Outcome: compensated Award amount USD: 498000 AI-assisted case summary: Douglas A. Dinunzio filed a petition on November 25, 2014, alleging that the seasonal influenza vaccine he received on January 25, 2014, caused him to develop Guillain-Barré Syndrome (GBS) and experience residual effects for more than six months. The respondent, the Secretary of Health and Human Services, denied that the vaccine caused Mr. Dinunzio's condition. Despite the denial, the parties reached a joint stipulation for compensation. The Special Master, Christian J. Moran, reviewed the stipulation and found it reasonable, adopting it as the decision of the Court. The stipulation awarded Mr. Dinunzio a lump sum of $498,000.00, payable by check, to compensate for all damages available under the National Childhood Vaccine Injury Act. The decision adopting the stipulation was issued on April 26, 2016. Petitioner counsel was Nancy R. Meyers of Ward Black Law, and respondent counsel was Julia W. McInerny of the United States Department of Justice. The public decision does not describe the specific onset of symptoms, diagnostic tests, treatments, or expert witnesses involved in this case. Theory of causation field: Petitioner Douglas A. Dinunzio alleged that the influenza vaccine received on January 25, 2014, caused Guillain-Barré Syndrome (GBS), a condition listed on the Vaccine Injury Table. Petitioner claimed residual effects for more than six months. Respondent denied causation. The parties entered into a joint stipulation for compensation, which was approved by Special Master Christian J. Moran on April 26, 2016. The stipulation resulted in a lump sum award of $498,000.00 to Petitioner. The public decision does not detail the specific mechanism of causation, expert testimony, or clinical findings beyond the alleged GBS diagnosis and its duration. Petitioner counsel was Nancy R. Meyers, and respondent counsel was Julia W. McInerny. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_14-vv-01151-0 Date issued/filed: 2016-04-26 Pages: 2 Docket text: PUBLIC DECISION (Originally filed: 12/15/15) regarding 30 DECISION Stipulation/Proffer. Signed by Special Master Christian J. Moran. (dh) Copy to parties. -------------------------------------------------------------------------------- Case 1:14-vv-01151-UNJ Document 37 Filed 04/26/16 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS * * * * * * * * * * * * * * * * * * * * * DOUGLAS A. DINUNZIO, * * No. 14-1151V Petitioner, * Special Master Moran * v. * Filed: December 15, 2015 * SECRETARY OF HEALTH * Stipulation; influenza (“flu”) vaccine; AND HUMAN SERVICES, * Guillain-Barré Syndrome (“GBS”). * Respondent. * * * * * * * * * * * * * * * * * * * * * * Nancy R. Meyers, Ward Black Law, Greensboro, NC, for Petitioner; Julia W. McInerny, United States Dep’t of Justice, Washington, DC, for Respondent. UNPUBLISHED DECISION1 On December 11, 2015, respondent filed a joint stipulation concerning the petition for compensation filed by Douglas A. Dinunzio on November 25, 2014. In his petition, Mr. Dinunzio alleged that the seasonal influenza (“flu”) vaccine, which is contained in the Vaccine Injury Table (the “Table”), 42 C.F.R. §100.3(a), and which he received on January 25, 2014, caused him to suffer Guillain-Barré Syndrome (“GBS”). Petitioner further alleges that he experienced the residual effects of this condition for more than six months. Petitioner represents that there has been no prior award or settlement of a civil action for damages as a result of his condition. Respondent denies that the flu vaccine caused petitioner’s GBS or any other injury. 1 The E-Government Act of 2002, Pub. L. No. 107-347, 116 Stat. 2899, 2913 (Dec. 17, 2002), requires that the Court post this decision on its website. Pursuant to Vaccine Rule 18(b), the party has 14 days to file a motion proposing redaction of medical information or other information described in 42 U.S.C. § 300aa-12(d)(4). Any redactions ordered by the special master will appear in the document posted on the website. Case 1:14-vv-01151-UNJ Document 37 Filed 04/26/16 Page 2 of 2 Nevertheless, the parties agree to the joint stipulation, attached hereto as “Appendix A.” The undersigned finds said stipulation reasonable and adopts it as the decision of the Court in awarding damages, on the terms set forth therein. Damages awarded in that stipulation include: A lump sum of $498,000.00 in the form of a check payable to petitioner, Douglas A. Dinunzio. This amount represents compensation for all damages that would be available under 42 U.S.C. § 300aa-15(a). In the absence of a motion for review filed pursuant to RCFC, Appendix B, the clerk is directed to enter judgment in case 14-1151V according to this decision and the attached stipulation.2 Any questions may be directed to my law clerk, Dan Hoffman, at (202) 357- 6360. IT IS SO ORDERED. s/ Christian J. Moran Christian J. Moran Special Master 2 Pursuant to Vaccine Rule 11(a), the parties can expedite entry of judgment by each party filing a notice renouncing the right to seek review by a United States Court of Federal Claims judge. 2