VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_15-vv-00048 Package ID: USCOURTS-cofc-1_15-vv-00048 Petitioner: Louis Danni Filed: 2015-01-20 Decided: 2015-07-27 Vaccine: influenza Vaccination date: 2014-09-11 Condition: Guillain-Barré syndrome Outcome: compensated Award amount USD: 163621 AI-assisted case summary: Louis Danni filed a petition for compensation under the National Vaccine Injury Compensation Program on January 20, 2015. He alleged that he suffered Guillain-Barré syndrome (GBS) as a result of an influenza vaccine he received on September 11, 2014, and that he experienced residual effects of GBS for more than six months. The respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused petitioner's GBS or any other injury, and denied that his current disabilities were sequelae of a vaccine-related injury. Despite the respondent's denial, the parties reached a settlement. On July 2, 2015, they filed a joint stipulation agreeing to settle the case. Chief Special Master Denise Kathryn Vowell adopted the parties' stipulation. The respondent agreed to pay petitioner a lump sum of $145,000.00 for all damages. Separately, on July 6, 2015, the parties filed a stipulation concerning attorneys' fees and costs. Chief Special Master Vowell awarded $18,621.25, payable jointly to Louis Danni and his counsel, Matthew F. Belanger of Faraci Lange, LLP. The total compensation awarded was $163,621.25. Linda S. Renzi of the U.S. Department of Justice represented the respondent. The public decision does not describe the onset of symptoms, specific clinical details, diagnostic tests, treatments, or the medical experts consulted. Theory of causation field: Petitioner Louis Danni alleged that he suffered Guillain-Barré syndrome (GBS) resulting from an influenza vaccine received on September 11, 2014, and experienced residual effects for more than six months. The respondent denied causation. The parties reached a joint stipulation for settlement. The Special Master adopted the stipulation, awarding $145,000.00 for damages and $18,621.25 for attorneys' fees and costs, totaling $163,621.25. The public text does not detail the specific theory of causation, medical experts, or the mechanism of injury. The case was settled via stipulation, and the decision was issued by Chief Special Master Denise K. Vowell on July 27, 2015, with attorneys Matthew F. Belanger for the petitioner and Linda S. Renzi for the respondent. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_15-vv-00048-0 Date issued/filed: 2015-07-27 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 07/02/2015) regarding 19 DECISION Stipulation/Proffer (Signed by Chief Special Master Denise Kathryn Vowell.)(mpj) Copy to parties. -------------------------------------------------------------------------------- Case 1:15-vv-00048-UNJ Document 28 Filed 07/27/15 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 14-048V Filed: July 2, 2015 Unpublished * * * * * * * * * * * * * * * * * * * * * * * * * * * * LOUIS DANNI, * * Petitioner, * Joint Stipulation on Damages; * Influenza (“flu”) Vaccine; * Guillain-Barré Syndrome (“GBS”); SECRETARY OF HEALTH * Special Processing Unit (“SPU”) AND HUMAN SERVICES, * * Respondent. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Matthew F. Belanger, Faraci Lange, LLP, Rochester, NY, for petitioner. Linda S. Renzi, U.S. Department of Justice, Washington, DC, for respondent. 1 DECISION AWARDING DAMAGES Vowell, Chief Special Master: On January 20, 2015, Louis Danni 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 he suffered Guillain-Barré syndrome (“GBS”) resulting from the influenza (“flu”) vaccine he received on September 11, 2014. Petition at 1; Stipulation, filed July 2, 2015, ¶¶ 1-2, 4. Petitioner further alleges that he experienced the residual effects of GBS for more than six months. Petition, ¶ 13; Stipulation, ¶ 4. Respondent denies that the flu vaccine caused petitioner’s GBS or any other injury, and denies that his current disabilities are sequelae of a vaccine-related injury. Stipulation, ¶ 6. Nevertheless, the parties have agreed to settle the case. Stipulation, ¶ 7. On July 2, 2015, the parties filed a joint stipulation agreeing to settle this case and describing the settlement terms. 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 1:15-vv-00048-UNJ Document 28 Filed 07/27/15 Page 2 of 7 Respondent agrees to pay petitioner a lump sum of $145,000.00 in the form of a check payable to petitioner, Louis Danni. Stipulation, ¶ 8. This amount represents compensation for all damages that would be available under § 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 Case 1:15-vv-00048-UNJ Document 28 Filed 07/27/15 Page 3 of 7 Case 1:15-vv-00048-UNJ Document 28 Filed 07/27/15 Page 4 of 7 Case 1:15-vv-00048-UNJ Document 28 Filed 07/27/15 Page 5 of 7 Case 1:15-vv-00048-UNJ Document 28 Filed 07/27/15 Page 6 of 7 Case 1:15-vv-00048-UNJ Document 28 Filed 07/27/15 Page 7 of 7 ================================================================================ DOCUMENT 2: USCOURTS-cofc-1_15-vv-00048-1 Date issued/filed: 2015-07-27 Pages: 2 Docket text: PUBLIC DECISION (Originally filed: 07/06/2015) regarding 21 DECISION Fees Stipulation/Proffer ( Signed by Chief Special Master Denise Kathryn Vowell.)(mpj) Copy to parties. -------------------------------------------------------------------------------- Case 1:15-vv-00048-UNJ Document 29 Filed 07/27/15 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 15-048V Filed: July 6, 2015 (Unpublished) * * * * * * * * * * * * * * * * * * * * * * * * * * * * LOUIS DANNI, * * Petitioner, * v. * * Attorney Fees and Costs; Stipulation; SECRETARY OF HEALTH AND * Special Processing Unit (“SPU”) HUMAN SERVICES, * * Respondent. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Matthew F. Belanger, Faraci Lange, LLP, Rochester, NY, for petitioner. Linda S. Renzi, U.S. Department of Justice, Washington, DC, for respondent. 1 DECISION ON ATTORNEY FEES AND COSTS Vowell, Chief Special Master: On January 20, 2015, Louis Danni 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 he suffered Guillain-Barré syndrome (“GBS”) resulting from the influenza (“flu”) vaccine he received on September 11, 2014. Petition at 1. On July 2, 2015, I issued a decision awarding damages to petitioner based on a joint stipulation. On July 6, 2015, the parties filed a Stipulation of Facts Concerning Attorneys’ Fees and Costs. According to the stipulation, the parties agree upon an award of 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 1:15-vv-00048-UNJ Document 29 Filed 07/27/15 Page 2 of 2 $18,621.25. In accordance with General Order #9, petitioner’s counsel represents that petitioner incurred no out-of-pocket expenses. The Vaccine Act permits an award of reasonable attorneys’ fees and costs. 42 U.S.C. § 300 aa-15(e). I find the proposed amount to be reasonable. 3 Accordingly, I award the total of $18,621.25 as a lump sum in the form of a check jointly payable to petitioner and petitioner’s counsel Matthew F. Belanger. The clerk of the court shall enter judgment in accordance herewith.4 IT IS SO ORDERED. s/Denise K. Vowell Denise K. Vowell 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