VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_15-vv-01413
Package ID: USCOURTS-cofc-1_15-vv-01413
Petitioner: Jeff Cardello
Filed: 2016-04-13
Decided: 2016-05-24
Vaccine: influenza
Vaccination date: 2013-01-13
Condition: Guillain-Barré syndrome
Outcome: compensated
Award amount USD: 140401

AI-assisted case summary:
Jeff Cardello filed a petition for compensation under the National Vaccine Injury Compensation Program on April 13, 2016. He alleged that he suffered Guillain-Barré syndrome (GBS) as a result of an influenza vaccine he received on January 13, 2013, and that he experienced residual effects of this injury for more than six months. The respondent denied that the flu immunization caused petitioner's GBS or any other injury. Despite the respondent's denial, the parties filed a joint stipulation on April 12, 2016, agreeing that a decision should be entered awarding compensation. Chief Special Master Nora Beth Dorsey found the stipulation reasonable and adopted it as the decision of the Court. Mr. Cardello was awarded a lump sum of $140,401.20, representing compensation for all items of damages available under the Vaccine Act. The decision was based on this joint stipulation for damages. Petitioner's counsel was Andrew Donald Downing of Van Cott & Talamante, PLLC, and respondent's counsel was Gordon Elliot Shemin of the U.S. Department of Justice. The public decision does not describe the specific onset of symptoms, medical tests, treatments, or expert witnesses.

Theory of causation field:
Petitioner Jeff Cardello alleged that an influenza vaccine received on January 13, 2013, caused Guillain-Barré syndrome (GBS) and residual effects lasting more than six months. The respondent denied causation. The parties filed a joint stipulation for damages, which was adopted by Chief Special Master Nora Beth Dorsey. The stipulation resulted in an award of $140,401.20. The public decision does not detail the specific theory of causation, medical experts, or the mechanism of injury. The case was settled via stipulation.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_15-vv-01413-0
Date issued/filed: 2016-05-24
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 04/13/2016) regarding 17 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
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Case 1:15-vv-01413-UNJ Document 25 Filed 05/24/16 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 15-1413V
Filed: April 13, 2016
UNPUBLISHED
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
JEFF CARDELLO, *
*
Petitioner, * Joint Stipulation on Damages;
* Influenza (“Flu”) Vaccine; Guillain-
v.
* Barré Syndrome (“GBS”); Special
SECRETARY OF HEALTH * Processing Unit (“SPU”)
AND HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Andrew Donald Downing, Van Cott & Talamante, PLLC, Phoenix, AZ, for petitioner.
Gordon Elliot Shemin, U.S. Department of Justice, Washington, DC, for respondent.
DECISION ON JOINT STIPULATION1
Dorsey, Chief Special Master:
On November 23, 2015, Jeff Cardello (“petitioner”) filed a petition for
compensation under the National Vaccine Injury Compensation Program, 42 U.S.C.
§300aa-10, et seq.,2 (the “Vaccine Act”). Petitioner alleges that he suffered Guillain-
Barré syndrome (“GBS”) as a result of an influenza (“flu”) vaccine he received on
January 13, 2013. Petition at 1, 3; Stipulation, filed 4/12/2016, ¶ 4. Petitioner further
alleges that he experienced the residual effects of this injury for more than six months.
Petition at 3; Stipulation¶ 4. “Respondent denies that the flu immunization caused
petitioner’s GBS and/or any other injury or his current condition.” Stipulation, ¶ 6.
Nevertheless, on April 12, 2016, the parties filed the attached joint stipulation,
stating that a decision should be entered awarding compensation. The undersigned
finds the stipulation reasonable and adopts it as the decision of the Court in awarding
damages, on the terms set forth therein.
1 Because this unpublished decision contains a reasoned explanation for the action in this case, the
undersigned intends to post it 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). 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, the undersigned agrees that the identified material fits
within this definition, the undersigned 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 (2012).

Case 1:15-vv-01413-UNJ Document 25 Filed 05/24/16 Page 2 of 7
The parties stipulate that petitioner shall receive the following compensation:
A lump sum of $140,401.20, in the form of a check payable to petitioner.
Stipulation, ¶ 8. This amount represents compensation for all items of damages
that would be available under 42 U.S.C. § 300aa-15(a). Id.
The undersigned approves the requested amount for petitioner’s compensation.
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
IT IS SO ORDERED.
s/Nora Beth Dorsey
Nora Beth Dorsey
Chief Special Master
3 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by the parties’ joint filing of notice
renouncing the right to seek review.
2

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