VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-00104
Package ID: USCOURTS-cofc-1_17-vv-00104
Petitioner: Andrea De Nuto
Filed: 2017-01-23
Decided: 2018-09-19
Vaccine: influenza
Vaccination date: 2014-10-18
Condition: Guillain-Barré syndrome and/or transverse myelitis
Outcome: compensated
Award amount USD: 345000

AI-assisted case summary:
Kristen De Nuto and Willis J. De Nuto, Jr., as substituted administrators of the estate of Andrea De Nuto, filed a petition for compensation on January 23, 2017. The petition alleged that an influenza vaccine administered to Ms. De Nuto on October 18, 2014, caused her to develop Guillain-Barré syndrome and/or transverse myelitis, which ultimately led to her death. The petition also stated that Ms. De Nuto suffered residual effects from the injury for more than six months. Petitioners represented that there had been no prior award or settlement of a civil action for damages on her behalf. The respondent denied that the influenza vaccine caused Ms. De Nuto's alleged injuries or death. Despite the respondent's denial, the parties filed a joint stipulation agreeing to compensation. Special Master Christian J. Moran reviewed the stipulation and found it reasonable, adopting it as the decision of the Court. The stipulation awarded a lump sum payment of $345,000.00, payable by check to the petitioners as substituted administrators of the estate of Andrea De Nuto. This amount was intended as compensation for all damages available under 42 U.S.C. § 300aa-15(a). The decision noted that the case was an unpublished decision and that the parties had 14 days to file a motion proposing redactions of medical information. The clerk was directed to enter judgment according to the decision and stipulation, absent a motion for review. The attorneys involved were Kate Westad for the petitioner and Adriana Teitel for the respondent.

Theory of causation field:
Andrea De Nuto received an influenza vaccine on October 18, 2014. The petition alleged that this vaccine, which is on the Vaccine Injury Table, caused Guillain-Barré syndrome and/or transverse myelitis, leading to her death and residual effects for more than six months. The respondent denied causation. The parties filed a joint stipulation for compensation, which was adopted by Special Master Christian J. Moran. The stipulation resulted in an award of $345,000.00 to the estate of Andrea De Nuto. The public decision does not describe the specific medical experts, clinical details of the injury onset or progression, diagnostic tests, treatments, or the precise mechanism of injury. The theory of causation is based on the Vaccine Injury Table.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_17-vv-00104-0
Date issued/filed: 2018-09-19
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 8/22/2018) regarding 49 DECISION Stipulation/Proffer. Signed by Special Master Christian J. Moran. (abs) Service on parties made.
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Case 1:17-vv-00104-UNJ Document 53 Filed 09/19/18 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
* * * * * * * * * * * * * * * * * * * * *
KRISTEN DE NUTO *
(aka Kristen De Nuto Sudacki) and, *
WILLIS J. DE NUTO, JR. * No. 17-104V
as Substituted Administrators * Special Master Christian J. Moran
of the Estate of ANDREA DE NUTO, *
(aka Andrea DeNuto), Deceased, *
*
Petitioners, * Filed: August 22, 2018
v. *
* Stipulation; influenza (“flu”) vaccine;
SECRETARY OF HEALTH * Guillain Barré syndrome (“GBS”);
AND HUMAN SERVICES, * transverse myelitis (“TM”); death
*
Respondent. *
* * * * * * * * * * * * * * * * * * * * *
Kate Westad, Larkin Hoffman Daly & Lindgren Ltd., Minneapolis, MN, for
Petitioner;
Adriana Teitel United States Dep’t of Justice, Washington, DC, for Respondent.
UNPUBLISHED DECISION1
On August 21, 2018, the parties filed a joint stipulation concerning the
petition for compensation filed for Andrea De Nuto on January 23, 2017. The
petition alleged that the influenza (“flu”) vaccine Ms. De Nuto received on October
18, 2014, which is contained in the Vaccine Injury Table (the “Table”), 42 C.F.R.
§100.3(a), caused her to suffer Guillain-Barré syndrome and/or transverse myelitis,
which ultimately led to her death. The petition further alleged that Ms. De Nuto
suffered the residual effects of this injury for more than six months. Petitioners
1 The E-Government Act, 44 U.S.C. § 3501 note (2012) (Federal Management and
Promotion of Electronic Government Services), requires that the Court post this decision on its
website. Pursuant to Vaccine Rule 18(b), the parties have 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 1:17-vv-00104-UNJ Document 53 Filed 09/19/18 Page 2 of 7
represent that there has been no prior award or settlement of a civil action for
damages on her behalf as a result of Ms. De Nuto’s injuries and death.
Respondent denies that the influenza vaccine caused Ms. De Nuto to suffer
Guillain-Barré syndrome, transverse myelitis, any other injury, or that it led to her
death.
Nevertheless, the parties agree to the joint stipulation, attached hereto. 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 payment of $345,000.00 in the form of a check payable to
petitioners as Substituted Administrators of the Estate of Andrea De
Nuto. 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 17-104V according to this decision
and the attached stipulation.2
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

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