VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-00458
Package ID: USCOURTS-cofc-1_17-vv-00458
Petitioner: Joseph Charneco
Filed: 2017-03-30
Decided: 2018-08-07
Vaccine: influenza
Vaccination date: 2015-10-28
Condition: Guillain-Barré syndrome (“GBS”)
Outcome: compensated
Award amount USD: 85000

AI-assisted case summary:
Joseph Charneco, an adult, received an influenza vaccine on October 28, 2015. He alleged that this vaccine caused him to develop Guillain-Barré syndrome (GBS) and that he experienced residual effects for more than six months. The respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused GBS or any other injury. Despite this denial, the parties reached a settlement agreement to resolve the case. The parties filed a stipulation on August 6, 2018, outlining the terms of their settlement. The Special Master reviewed the stipulation and found its terms to be reasonable. Consequently, the Special Master adopted the stipulation and awarded Joseph Charneco compensation. The award consisted of a lump sum payment of $85,000.00, payable to Joseph Charneco, which was intended to compensate for all elements of damage available under the National Childhood Vaccine Injury Act. The decision was issued on August 7, 2018, and judgment was to be entered accordingly unless a motion for review was filed.

Theory of causation field:
unclear

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_17-vv-00458-0
Date issued/filed: 2018-09-04
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 08/07/2018) regarding 26 DECISION Stipulation/Proffer Signed by Special Master Laura D Millman. (tlf) Service on parties made.
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Case 1:17-vv-00458-UNJ Document 30 Filed 09/04/18 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-458V
Filed: August 7, 2018
Not for Publication
***************************************
JOSEPH CHARNECO, *
*
Petitioner, *
* Influenza (“flu”) vaccine;
v. * Guillain-Barré syndrome (“GBS”)
*
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
***************************************
Lawrence R. Cohan, Philadelphia, PA, for petitioner.
Linda S. Renzi, Washington, DC, for respondent.
MILLMAN, Special Master
DECISION AWARDING DAMAGES1
On March 30, 2017, petitioner filed a petition under the National Childhood Vaccine
Injury Act, 42 U.S.C. § 300aa-10–34 (2012), alleging that influenza (“flu”) vaccine administered
October 28, 2015 caused him Guillain-Barré syndrome (“GBS”). Petitioner further alleges that
he experienced the residual effects of these injuries for more than six months.
On August 6, 2018, the parties filed the attached stipulation in which they agreed to settle
this case and described the settlement terms. Respondent denies that flu vaccine caused
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 1:17-vv-00458-UNJ Document 30 Filed 09/04/18 Page 2 of 7
petitioner to have GBS or any other injury. Nonetheless, the parties agreed to resolve this case
informally.
The undersigned finds the terms of the stipulation to be reasonable, hereby adopts the
parties’ said stipulation, attached hereto, and awards compensation in the amount and on the
terms set forth herein. Pursuant to the stipulation, the undersigned awards the following vaccine
compensation payment:
A lump sum payment of $85,000.00 in the form of a check made
payable to petitioner, Joseph Charneco. This amount represents
compensation for all elements of damage available under 42
U.S.C. § 300aa-15(a).
In the absence of a motion for review filed pursuant to RCFC Appendix B, the
undersigned directs the Clerk of Court to enter judgment herewith.2
IT IS SO ORDERED.
Dated: August 7, 2018 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

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