VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_15-vv-00022
Package ID: USCOURTS-cofc-1_15-vv-00022
Petitioner: Oscar A. Dighero
Filed: 2017-10-19
Decided: 2017-11-13
Vaccine: influenza
Vaccination date: 2013-11-25
Condition: Guillain-Barre Syndrome (“GBS”)
Outcome: compensated
Award amount USD: 926894

AI-assisted case summary:
Oscar A. Dighero filed a petition for compensation under the National Vaccine Injury Compensation Program on January 8, 2015, alleging he developed Guillain-Barre Syndrome (GBS) as a result of receiving an influenza vaccination on November 25, 2013. The respondent, the Secretary of Health and Human Services, elected not to contest entitlement to compensation. A Ruling on Entitlement was issued on August 9, 2017. On October 19, 2017, the respondent filed a proffer agreeing to payments totaling $926,894.48. This amount included a lump sum of $683,309.66 for life care expenses for the first year, lost earnings, pain and suffering, and past unreimbursable expenses, payable to Mr. Dighero. It also included an amount sufficient to purchase an annuity contract and a lump sum payment of $243,584.82 to satisfy a State of California Medicaid lien, payable jointly to Mr. Dighero and the Department of Health Care Services. Special Master Mindy Michaels Roth adopted the proffer and awarded compensation accordingly. The decision was issued on November 13, 2017. Petitioner counsel was Diana Stadelnikas, Esq. of Maglio Christopher and Toale, PA. Respondent counsel was Lisa Watts, Esq. of the U.S. Department of Justice.

Theory of causation field:
Petitioner Oscar A. Dighero alleged that he developed Guillain-Barre Syndrome (GBS) as a result of receiving an influenza vaccination on November 25, 2013. The respondent elected not to contest entitlement. The public decision does not describe the specific theory of causation, medical experts, or the mechanism by which the vaccine allegedly caused GBS. A Ruling on Entitlement was issued on August 9, 2017. On October 19, 2017, the respondent filed a proffer agreeing to compensation. Special Master Mindy Michaels Roth adopted the proffer on November 13, 2017. The award totaled $926,894.48, including a lump sum of $683,309.66 for life care expenses, lost earnings, pain and suffering, and past unreimbursable expenses, an amount for an annuity, and $243,584.82 to satisfy a Medicaid lien. Petitioner counsel was Diana Stadelnikas, Esq. Respondent counsel was Lisa Watts, Esq.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_15-vv-00022-0
Date issued/filed: 2017-11-13
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 10/19/2017) regarding 45 DECISION Stipulation/Proffer. Signed by Special Master Mindy Michaels Roth. (mw) Copy to parties.
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Case 1:15-vv-00022-UNJ Document 49 Filed 11/13/17 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 15-22V
Filed: October 19, 2017
* * * * * * * * * * * * * * *
OSCAR A DIGHERO, * UNPUBLISHED
*
Petitioner, * Decision Awarding Damages;
v. * Guillain-Barre Syndrome (“GBS”);
* Influenza (“Flu”) Vaccine.
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
* * * * * * * * * * * * * * *
Diana Stadelnikas, Esq., Maglio Christopher and Toale, PA, Sarasota, FL, for petitioner.
Lisa Watts, Esq., U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
Roth, Special Master:
On January 8, 2015, Oscar A. Dighero (“Mr. Dighero,” or “petitioner”) filed a petition
for compensation under the National Vaccine Injury Compensation Program.2 Petitioner alleges
that he developed Guillain-Barre Syndrome (“GBS”) as a result of receiving an influenza
vaccination on November 25, 2013. See Petition (“(Pet.”), at ¶¶1-21. Respondent thereafter filed
a report pursuant to Vaccine Rule 4(c) electing not to contest entitlement to compensation.
Respondent’s Report at 4, ECF No. 38.
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 (2012)). In accordance with Vaccine Rule 18(b), a party has 14 days to identify and
move to delete medical or other information, that satisfies the criteria in 42 U.S.C. § 300aa-12(d)(4)(B).
Further, consistent with the rule requirement, a motion for redaction must include a proposed redacted
decision. If, upon review, I agree that the identified material fits within the requirements of that
provision, I will delete 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).
1

Case 1:15-vv-00022-UNJ Document 49 Filed 11/13/17 Page 2 of 2
A Ruling on Entitlement was issued on August 9, 2017. ECF No. 39. Respondent filed a
proffer on October 19, 2017, agreeing to issue the following payments:
(1) A lump sum of $683,309.66, representing compensation for life care
expenses expected to be incurred during the first year after judgment
($188,991.75), lost earnings ($204,464.46), pain and suffering ($250,000.00),
and past unreimbursable expenses ($39,853.45), in the form of a check payable
to petitioner, Oscar A. Dighero;
(2) An amount sufficient to purchase an annuity contract, described in section
II.C of respondent’s proffer; and
(3) A lump sum payment of $243,584.82, representing compensation for
satisfaction of the State of California Medicaid lien, payable jointly to
petitioner and
Department of Health Care Services
Recovery Branch – MS 4720
P.O. 997421
Sacramento, CA 95899-7421
DHCS Account No.: C93268482C-VAC02
Attn: Class Action Unit
Petitioner agrees to endorse this payment to the Department of Health Care
Services Recovery Branch. This amount represents compensation for all
damages that would be available under § 300aa-15(a).
I adopt the proffer and its Appendix A attached hereto, and award compensation in the
amount and on the terms set forth therein. The clerk of the court is directed to enter judgment in
accordance with this decision.3
IT IS SO ORDERED.
s/ Mindy Michaels Roth
Mindy Michaels Roth
Special Master
3 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by each party filing a notice
renouncing the right to seek review.
2