VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-00666
Package ID: USCOURTS-cofc-1_17-vv-00666
Petitioner: Robert Meli
Filed: 2017-05-22
Decided: 2018-12-27
Vaccine: influenza
Vaccination date: 2016-10-13
Condition: Guillain-Barre Syndrome
Outcome: compensated
Award amount USD: 150000

AI-assisted case summary:
Robert Meli, a 70-year-old adult, filed a petition for compensation under the National Vaccine Injury Compensation Program on May 22, 2017, alleging that he developed Guillain-Barre Syndrome (GBS) after receiving an influenza vaccination on October 13, 2016. Mr. Meli reported experiencing back pain approximately one week after the vaccination, which progressed to numbness, tingling, and weakness in his limbs, accompanied by a left facial droop. A neurologist diagnosed him with GBS and Bell's palsy, and he was treated with a five-day course of IVIG. The respondent, the Secretary of Health and Human Services, reviewed the medical records and agreed that Mr. Meli's GBS was a "Table injury" following the influenza vaccine, with no other identified causes and symptoms lasting more than six months. The case proceeded as a Table claim. On November 26, 2018, the respondent filed a report agreeing that the claim was appropriate for compensation, stating that Mr. Meli had met the statutory requirements for compensation under the Act. A Ruling on Entitlement was issued by Special Master Mindy Michaels Roth, finding Mr. Meli entitled to compensation. Subsequently, on November 26, 2018, the respondent filed a proffer on damages. Special Master Mindy Michaels Roth adopted the proffer and issued a decision on damages on December 27, 2018, awarding Mr. Meli a lump sum of $150,000.00, payable by check to Mr. Meli, representing compensation for all damages available under 42 U.S.C. § 300aa-15(a). Petitioner was represented by Phyllis Widman, Esq., of Widman Law Firm, LLC, and respondent was represented by Daniel Principato, Esq., of the U.S. Department of Justice.

Theory of causation field:
Petitioner Robert Meli, age 70, received an influenza vaccine on October 13, 2016. He subsequently developed Guillain-Barre Syndrome (GBS), with onset of symptoms including back pain, numbness, tingling, weakness in limbs, and left facial droop, approximately one week after vaccination. A neurologist diagnosed GBS and Bell's palsy. The respondent, Secretary of Health and Human Services, reviewed the medical records and agreed that the GBS was a "Table injury" following the influenza vaccine, with no other identified causes and symptoms lasting more than six months. The respondent's report stated that petitioner met the statutory requirements for compensation, including suffering the condition for more than six months. The case proceeded as a Table claim. Special Master Mindy Michaels Roth issued a Ruling on Entitlement finding petitioner entitled to compensation. Subsequently, Special Master Roth issued a Decision on Damages on December 27, 2018, adopting the respondent's proffer and awarding a lump sum of $150,000.00 to petitioner, representing all elements of compensation under 42 U.S.C. § 300aa-15(a). Petitioner was represented by Phyllis Widman, Esq., and respondent by Daniel Principato, Esq.

Public staged source text:

================================================================================
DOCUMENT 1: USCOURTS-cofc-1_17-vv-00666-0
Date issued/filed: 2018-12-21
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 11/26/2018) regarding 27 Ruling on Entitlement. Signed by Special Master Mindy Michaels Roth. (mw) Service on parties made.
--------------------------------------------------------------------------------
Case 1:17-vv-00666-UNJ Document 34 Filed 12/21/18 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-666V
Filed: November 26, 2018
* * * * * * * * * * * * * * *
ROBERT MELI, * UNPUBLISHED
*
Petitioner, *
*
v. * Ruling on Entitlement; Table Injury;
* Influenza (“Flu”) Vaccine;
SECRETARY OF HEALTH * Guillain-Barre Syndrome (“GBS”)
AND HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * *
Phyllis Widman, Esq., Widman Law Firm, LLC, Ocean City, NJ, for petitioner.
Daniel Principato, Esq., U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
Roth, Special Master:
On May 22, 2017, Robert Meli (“petitioner”) filed a petition for compensation under the
National Vaccine Injury Compensation Program (“the Program”)2 alleging that he received an
influenza vaccination on October 13, 2016, and thereafter suffered from Guillain-Barre Syndrome
(“GBS”). See Petition at 1.
On November 26, 2018, respondent filed a report pursuant to Vaccine Rule 4(c) stating
that petitioner’s claim was appropriate for compensation. Resp. Rpt. at 1. Specifically, respondent
1 Although this Decision has been formally designated “unpublished,” it will nevertheless be posted on the
Court of Federal Claims’s website, in accordance with the E-Government Act of 2002, Pub. L. No. 107-
347, 116 Stat. 2899, 2913 (codified as amended at 44 U.S.C. § 3501 note (2006)). This means the Decision
will be available to anyone with access to the internet. However, the parties may object to the Decision’s
inclusion of certain kinds of confidential information. Specifically, under Vaccine Rule 18(b), each party
has fourteen days within which to request redaction “of any information furnished by that party: (1) that is
a trade secret or commercial or financial in substance and is privileged or confidential; or (2) that includes
medical files or similar files, the disclosure of which would constitute a clearly unwarranted invasion of
privacy.” Vaccine Rule 18(b). Otherwise, the whole Decision will be available to the public. Id.
2 The Program comprises Part 2 of the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-
10 et seq. (hereinafter “Vaccine Act” or “the Act”). Hereafter, individual section references will be to 42
U.S.C. § 300aa of the Act.

Case 1:17-vv-00666-UNJ Document 34 Filed 12/21/18 Page 2 of 2
agrees with petitioner’s claim that he suffered the Table injury of GBS following influenza
vaccine. Id. at 3. Respondent further states that there is not preponderant evidence that petitioner’s
GBS was due to a factor unrelated to the vaccination. Id. Based on a review of the medical records,
respondent states that petitioner has met the applicable statutory requirements by suffering his
condition for more than six months and that, therefore, petitioner has satisfied all legal
prerequisites for compensation under the Act. Id.
A special master may determine whether a petitioner is entitled to compensation based
upon the record. A hearing is not required. §300aa-13; Vaccine Rule 8(d). In light of respondent’s
concession and a review of the record, the undersigned finds that petitioner is entitled to
compensation.
IT IS SO ORDERED.
s/Mindy Michaels Roth
Mindy Michaels Roth
Special Master
2

================================================================================
DOCUMENT 2: USCOURTS-cofc-1_17-vv-00666-1
Date issued/filed: 2018-12-27
Pages: 6
Docket text: PUBLIC DECISION (Originally filed: 11/27/2018) regarding 28 DECISION Stipulation/Proffer. Signed by Special Master Mindy Michaels Roth. (mw) Service on parties made.
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Case 1:17-vv-00666-UNJ Document 35 Filed 12/27/18 Page 1 of 6
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-666V
Filed: November 27, 2018
* * * * * * * * * * * * *
ROBERT MELI, * UNPUBLISHED
*
Petitioner, * Decision on Damages;
* Proffer; Influenza (“Flu”)
v. * Vaccine; Guillain-Barre
* Syndrome (“GBS”).
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
* * * * * * * * * * * * *
Phyllis Widman, Esq., Widman Law Firm, LLC, Ocean City, NJ for petitioner.
Daniel Principato, Esq., US Department of Justice, Washington, DC, for respondent.
DECISION ON DAMAGES1
Roth, Special Master:
On May 22, 2017, Robert Meli [“Mr. Meli” or “petitioner”] filed a petition for
compensation under the National Vaccine Injury Compensation Program.2 Petitioner alleges that
he developed Guillain-Barre Syndrome (“GBS”) after receiving an influenza vaccination on
October 13, 2016. See Petition, ECF No. 1. Respondent thereafter filed a report pursuant to
Vaccine Rule 4(c) electing not to contest entitlement to compensation. Respondent’s Report at 1,
ECF No. 26.
1 Although this Decision has been formally designated “unpublished,” it will nevertheless be posted on the
Court of Federal Claims’s website, in accordance with the E-Government Act of 2002, Pub. L. No. 107-
347, 116 Stat. 2899, 2913 (codified as amended at 44 U.S.C. § 3501 note (2006)). This means the Decision
will be available to anyone with access to the internet. However, the parties may object to the Decision’s
inclusion of certain kinds of confidential information. Specifically, under Vaccine Rule 18(b), each party
has fourteen days within which to request redaction “of any information furnished by that party: (1) that is
a trade secret or commercial or financial in substance and is privileged or confidential; or (2) that includes
medical files or similar files, the disclosure of which would constitute a clearly unwarranted invasion of
privacy.” Vaccine Rule 18(b). Otherwise, the whole Decision will be available to the public. Id.
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-00666-UNJ Document 35 Filed 12/27/18 Page 2 of 6
A Ruling on Entitlement was issued. ECF No. 27. Respondent filed a proffer on November
26, 2018, agreeing to issue the following payment:
A lump sum of $150,000.00 in the form of a check payable to petitioner, Robert
Meli. This amount represents compensation for all damages that would be available
under § 300aa-15(a).
I adopt respondent’s proffer attached hereto, and award compensation in the amount and
on the terms set forth therein. The clerk of the court is directed to enter judgment in accordance
with this decision.3
IT IS SO ORDERED.
s/ Mindy Michaels Roth
Mindy Michaels Roth
Special Master
3 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by each party filing a notice
renouncing the right to seek review.

Case 1:17-vv-00666-UNJ Document 35 Filed 12/27/18 Page 3 of 6
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
____________________________________
)
ROBERT MELI, )
)
Petitioner, ) No. 17-666V
) Special Master Roth
v. ) ECF
)
SECRETARY OF HEALTH AND )
HUMAN SERVICES, )
)
Respondent. )
)
RESPONDENT’S REPORT AND PROFFER
On May 22, 2017, Robert Meli (“petitioner”) filed a petition for compensation
(“Petition”) under the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-1 et
seq. Petitioner alleges that he suffered Guillain-Barre syndrome (“GBS”) as a result of an
influenza vaccine administered on October 13, 2016. See generally Petition.
In accordance with the Rules of the United States Court of Federal Claims, Appendix B,
Vaccine Rule 4(c), the Secretary of Health and Human Services (“respondent”), submits the
following as his responsive report. The facts of this case, as reflected in the Petition and
accompanying documents, were reviewed by medical personnel of the Division of Injury
Compensation Programs, Department of Health and Human Services (“DICP”). Respondent’s
opinion is that this case is appropriate for compensation under the terms of the Act.
FACTS
Petitioner was 70 years old when he received the flu vaccine on October 13, 2016, at the
office of his primary care provider (“PCP”). Exhibit (“Ex.”) 1 at 1.
1

Case 1:17-vv-00666-UNJ Document 35 Filed 12/27/18 Page 4 of 6
On November 1, 2016, petitioner presented to the emergency room, complaining of a
one-week history of back pain. Ex. 4 at 22. He described the pain as being intermittent and
radiating into his arms and legs. Id. A neurologic exam was normal, and petitioner was assessed
with thoracic back pain. Id. at 23-24.
Petitioner presented to a neurologist on November 9, 2016, reporting that about a week
after his flu shot, he “developed interscapular pain with numbness and tingling of both hands and
feet that is constant” and “was followed by weakness of his legs.” Ex. 3 at 1. He “present[ed]
with persistent numbness and tingling of his limbs, weakness, and left facial droop.” Id. An
exam revealed “weakness of the small hand muscles and questionable weakness of the hip
flexors of the hamstrings” and impaired sensation. Id. at 2. Petitioner was also “areflexic to both
upper and lower extremities.” Id. Petitioner was diagnosed with GBS and admitted to the
hospital for a five-day course of IVIG. Id. Petitioner was discharged on November 14, 2016,
with diagnoses of, inter alia, GBS and Bell’s palsy. Ex. 5 at 47.
On December 5, 2016, petitioner followed with neurology, reporting that he was “90%
better.” Ex. 3 at 3. Petitioner’s “left facial paralysis” was also improved. Id. Petitioner further
reported “only slight tingling of his fingertips and toes but his weakness of his hands and going
up steps has improved significantly,” and “denie[d] any new neurologic complaints.” Id. The
impression was that petitioner was “recovering nicely from [GBS].” Id. at 4.
Petitioner’s PCP wrote a letter dated May 4, 2017, stating that petitioner had “been
making progress in his recovery” and that his “optimal recovery may be a year or more from
onset but his prognosis at this point is good.” Ex. 6 at 1. Petitioner’s PCP wrote a second letter
on November 9, 2017, stating that he had seen petitioner on September 13, 2017, and the
impression from that visit included GBS “secondary to influenza vaccination.” Ex. 7 at 1.
2

Case 1:17-vv-00666-UNJ Document 35 Filed 12/27/18 Page 5 of 6
DISCUSSION
DICP has reviewed the Petition, medical records, and affidavit filed in this case, and has
concluded that petitioner’s alleged injury meets the requirements of the Vaccine Injury Table for
GBS following the seasonal flu vaccination. See 42 C.F.R. §§ 100.3(a)(XIV), (b)(15), as
amended. That is, petitioner had the onset of GBS within 3 to 42 days of receiving the flu
vaccine, the diagnosis is not in dispute, and no other causes for his GBS have been identified.
Id.; 42 U.S.C. § 300aa-13(a)(1)(B). Further, petitioner’s records show that he suffered the
sequela of his injury for more than six months after vaccination. See 42 U.S.C. § 300aa-
11(c)(1)(D). Therefore, based on the record as it now stands, petitioner has satisfied all legal
prerequisites for compensation under the Act.
* * *
PROFFER ON AWARD OF COMPENSATION
I. Items of Compensation
Based upon the evidence of record, respondent proffers that petitioner should be awarded
$150,000.00, which represents all elements of compensation to which petitioner would be
entitled under 42 U.S.C. § 300aa-15(a). Petitioner agrees.
II. Form of the Award
Respondent recommends that the compensation provided to petitioner should be made
through a lump sum payment of $150,000.00 in the form of a check payable to petitioner.1
Petitioner agrees.
Petitioner is a competent adult. Evidence of guardianship is not required in this case.
1 Should Petitioner die prior to entry of judgment, the parties reserve the right to move the Court
for appropriate relief. In particular, respondent would oppose any award for future medical
expenses, future pain and suffering, and future lost wages.
3

Case 1:17-vv-00666-UNJ Document 35 Filed 12/27/18 Page 6 of 6
Respectfully submitted,
JOSEPH H. HUNT
Assistant Attorney General
C.SALVATORE D’ALESSIO
Acting Director
Torts Branch, Civil Division
CATHARINE E. REEVES
Deputy Director
Torts Branch, Civil Division
ALEXIS B. BABCOCK
Assistant Director
Torts Branch, Civil Division
/s/ Daniel A. Principato
DANIEL A. PRINCIPATO
Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146
Benjamin Franklin Station
Washington, D.C. 20044-0146
Phone: (202) 616-3662
Fax: (202) 353-2988
Dated: November 26, 2018
4