VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_15-vv-00096 Package ID: USCOURTS-cofc-1_15-vv-00096 Petitioner: Anthony Forziati Filed: 2017-06-01 Decided: 2017-06-01 Vaccine: Tdap Vaccination date: 2013-04-30 Condition: chronic relapsing Guillain-Barré Syndrome (“GBS”) and/or chronic inflammatory demyelinating polyneuropathy (“CIDP”) Outcome: compensated Award amount USD: 287500 AI-assisted case summary: Anthony Forziati filed a petition on June 1, 2017, alleging that he suffered from chronic relapsing Guillain-Barré Syndrome (GBS) and/or chronic inflammatory demyelinating polyneuropathy (CIDP) caused by a Tetanus-Diphtheria-acellular Pertussis (Tdap) vaccine he received on April 30, 2013. The respondent, the Secretary of Health and Human Services, denied that the Tdap vaccine caused petitioner's alleged conditions and further denied that a flu vaccine caused his current disabilities. The parties reached a stipulation to resolve the case. Special Master Laura D. Millman reviewed the stipulation and found its terms to be reasonable. The court adopted the stipulation and awarded Anthony Forziati $287,500.00 as compensation for all damages. The award was to be paid as a check for the full amount made payable to the petitioner. Petitioner was represented by Diana L. Stadelnikas, and respondent was represented by Claudia B. Gangi. The decision was issued on June 1, 2017. Theory of causation field: Petitioner Anthony Forziati alleged that a Tdap vaccine administered on April 30, 2013, caused him to develop chronic relapsing Guillain-Barré Syndrome (GBS) and/or chronic inflammatory demyelinating polyneuropathy (CIDP). The respondent denied this causal link. The parties reached a stipulation to settle the case, and the Special Master adopted the stipulation. The public decision does not describe the specific medical theory of causation, any expert testimony, or the mechanism by which the vaccine allegedly caused the condition. The case was resolved via stipulation, resulting in an award of $287,500.00 for all damages. Special Master Laura D. Millman issued the decision on June 1, 2017. Petitioner's counsel was Diana L. Stadelnikas, and respondent's counsel was Claudia B. Gangi. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_15-vv-00096-0 Date issued/filed: 2017-06-26 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 06/01/2017) regarding 45 DECISION Stipulation/Proffer Signed by Special Master Laura D Millman. (tlf) Copy to parties. -------------------------------------------------------------------------------- Case 1:15-vv-00096-UNJ Document 50 Filed 06/26/17 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 15-96V Filed: June 1, 2017 Not for Publication ************************************* ANTHONY FORZIATI, * * Damages decision based on Petitioner, * stipulation; chronic relapsing * Guillain-Barré Syndrome (“GBS”); v. * chronic inflammatory demyelinating * polyneuropathy (“CIDP”); Tetanus- SECRETARY OF HEALTH * Diphtheria-acellular Pertussis AND HUMAN SERVICES, * (“Tdap”) vaccine * Respondent. * * ************************************* Diana L. Stadelnikas, Sarasota, FL, for petitioner. Claudia B. Gangi, Washington, DC, for respondent. MILLMAN, Special Master DECISION AWARDING DAMAGES1 On June 1, 2017, the parties filed the attached stipulation in which they agreed to settle this case and described the settlement terms. Petitioner alleges that he suffered from chronic relapsing Guillain-Barré Syndrome (“GBS”) and/or chronic inflammatory demyelinating polyneuropathy (“CIDP”) caused by his receipt of Tetanus-Diphtheria-acellular Pertussis (“Tdap”) vaccine on April 30, 2013. Respondent denies that the Tdap vaccine caused petitioner to suffer chronic relapsing GBS, CIDP, or any other injury and further denies that the flu vaccine 1 Because this unpublished decision contains a reasoned explanation for the special master’s action in this case, the special master intends to post this unpublished decision 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). Vaccine Rule 18(b) states that all decisions of the special masters will be made available to the public unless they contain trade secrets or commercial or financial information that is privileged and confidential, or medical or similar information whose disclosure would constitute a clearly unwarranted invasion of privacy. When such a decision is filed, petitioner has 14 days to identify and move to redact such information prior to the document’s disclosure. If the special master, upon review, agrees that the identified material fits within the banned categories listed above, the special master shall redact such material from public access. Case 1:15-vv-00096-UNJ Document 50 Filed 06/26/17 Page 2 of 7 caused petitioner’s current disabilities. Nonetheless, the parties agreed to resolve this matter informally. The undersigned finds the terms of the stipulation to be reasonable. The court adopts the parties’ stipulation, attached, and awards compensation in the amount and on the terms set forth in the stipulation. Pursuant to the stipulation, the court awards a lump sum of $287,500.00, representing compensation for all damages that would be available under 42 U.S.C. § 300aa-15(a) (2012). The award shall be in the form of a check for $287,500.00 made payable to petitioner. In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of the court is directed to enter judgment herewith.2 IT IS SO ORDERED. Dated: June 1, 2017 s/ Laura D. Millman Laura D. Millman Special Master 2 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by each party, either separately or jointly, filing a notice renouncing the right to seek review. 2 Case 1:15-vv-00096-UNJ Document 50 Filed 06/26/17 Page 3 of 7 Case 1:15-vv-00096-UNJ Document 50 Filed 06/26/17 Page 4 of 7 Case 1:15-vv-00096-UNJ Document 50 Filed 06/26/17 Page 5 of 7 Case 1:15-vv-00096-UNJ Document 50 Filed 06/26/17 Page 6 of 7 Case 1:15-vv-00096-UNJ Document 50 Filed 06/26/17 Page 7 of 7