VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-00647
Package ID: USCOURTS-cofc-1_17-vv-00647
Petitioner: Richard Pastella
Filed: 2017-05-17
Decided: 2018-10-24
Vaccine: influenza
Vaccination date: 2015-01-02
Condition: Guillain-Barre Syndrome (GBS)
Outcome: compensated
Award amount USD: 115000

AI-assisted case summary:
Richard Pastella filed a petition for compensation under the National Vaccine Injury Compensation Program on May 17, 2017, alleging he suffered Guillain-Barre Syndrome (GBS) as a result of an influenza vaccination administered on January 2, 2015. Mr. Pastella alleged the vaccine was administered in the United States, his injuries lasted more than six months, and he had not received prior compensation. The respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused petitioner's alleged GBS or any other injury. Despite the denial, on September 19, 2018, the parties filed a joint stipulation agreeing that compensation should be awarded. Chief Special Master Nora Beth Dorsey found the stipulation reasonable and adopted it as the decision of the Court. Pursuant to the stipulation, Mr. Pastella was awarded a lump sum of $115,000.00, payable to him, as compensation for all items of damages. The public decision does not describe the specific onset of symptoms, diagnostic tests, treatments, or the mechanism of causation. Petitioner was represented by Joseph Alexander Vuckovich of Maglio Christopher & Toale, PA, and respondent was represented by Julia Marter Collison of the U.S. Department of Justice.

Theory of causation field:
Petitioner Richard Pastella alleged Guillain-Barre Syndrome (GBS) following an influenza (Flu) vaccination on January 2, 2015. The respondent denied causation. The parties filed a joint stipulation for compensation, which was adopted by Chief Special Master Nora Beth Dorsey. Petitioner was awarded $115,000.00. The public decision does not specify the theory of causation, the mechanism, or name any medical experts. The case was resolved via stipulation.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_17-vv-00647-0
Date issued/filed: 2018-10-24
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 09/20/2018) regarding 46 DECISION Stipulation/Proffer (Signed by Chief Special Master Nora Beth Dorsey. )(mpj) Service on parties made.
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Case 1:17-vv-00647-UNJ Document 49 Filed 10/24/18 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-0647V
Filed: September 20, 2018
UNPUBLISHED
RICHARD PASTELLA,
Special Processing Unit (SPU); Joint
Stipulation on Damages; Influenza
Petitioner,
(Flu) Vaccine; Guillain-Barre
v.
Syndrome (GBS)
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Joseph Alexander Vuckovich, Maglio Christopher & Toale, PA, Washington, DC, for
petitioner.
Julia Marter Collison, U.S. Department of Justice, Washington, DC, for respondent.
DECISION ON JOINT STIPULATION1
Dorsey, Chief Special Master:
On May 17, 2017, 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-Barre Syndrome (“GBS”) as a result of
an influenza vaccination administered on January 2, 2015. Petition at 1-2; Stipulation,
filed September 19, 2018, at ¶¶ 1-4. Petitioner further alleges the vaccine was
administered in the United States, his injuries have lasted more than six months, and he
has not received compensation for his injuries. Petition at 1-3; Stipulation at ¶¶ 3, 5.
“Respondent denies that the flu vaccine caused petitioner’s alleged GBS, or any other
injury, or his current condition. ” Stipulation at ¶ 6.
Nevertheless, on September 19, 2018, the parties filed the attached joint
stipulation, stating that a decision should be entered awarding compensation. The
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 1:17-vv-00647-UNJ Document 49 Filed 10/24/18 Page 2 of 7
undersigned finds the stipulation reasonable and adopts it as the decision of the Court
in awarding damages, on the terms set forth therein.
Pursuant to the terms stated in the attached Stipulation, the undersigned
awards the following compensation:
A lump sum of $115,000.00 in the form of a check payable to petitioner.
Stipulation at ¶ 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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