VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-00922 Package ID: USCOURTS-cofc-1_17-vv-00922 Petitioner: Ronald Patrick Filed: 2017-07-10 Decided: 2018-08-24 Vaccine: influenza Vaccination date: 2015-09-01 Condition: Guillain-Barre syndrome Outcome: compensated Award amount USD: 231335 AI-assisted case summary: Ronald Patrick filed a petition on July 10, 2017, alleging that an influenza vaccine administered on September 1, 2015, caused him to suffer Guillain-Barre syndrome (GBS). The respondent, the Secretary of Health and Human Services, filed a report on April 2, 2018, conceding that compensation was appropriate because the alleged injury met the requirements of the Vaccine Injury Table for GBS following a seasonal flu vaccination and had persisted for more than six months. Based on this concession, Special Master Christian J. Moran issued a ruling on entitlement on April 10, 2018, finding that Mr. Patrick was entitled to compensation. Subsequently, on July 23, 2018, the parties filed a proffer on the award of compensation, which petitioner agreed to. On August 24, 2018, Special Master Christian J. Moran issued a decision awarding Ronald Patrick a lump sum payment of $231,335.88. This award was comprised of $195,000.00 for past and future pain and suffering and $36,335.88 in unreimbursable expenses. The award represented all damages available under the National Childhood Vaccine Injury Act. The case was resolved through this stipulated award. Petitioner counsel was Diana L. Stadelnikas of Maglio Christopher and Toale. Respondent counsel was Daniel A. Principato of the United States Department of Justice. The public decision does not describe the onset of symptoms, specific medical tests, treatments, or the mechanism of injury. The public decision does not name any medical experts. Theory of causation field: Ronald Patrick alleged that an influenza vaccine administered on September 1, 2015, caused Guillain-Barre syndrome (GBS). The respondent conceded that compensation was appropriate, stating that the injury met the requirements of the Vaccine Injury Table for GBS following a seasonal flu vaccination. The Special Master, Christian J. Moran, ruled on entitlement based on this concession on April 10, 2018. A subsequent decision on August 24, 2018, awarded Mr. Patrick $231,335.88, consisting of $195,000.00 for past and future pain and suffering and $36,335.88 in unreimbursable expenses. The public text does not detail the specific mechanism of injury, medical experts, or clinical findings beyond the diagnosis of GBS. Petitioner counsel was Diana L. Stadelnikas, and respondent counsel was Daniel A. Principato. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_17-vv-00922-0 Date issued/filed: 2018-05-16 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 4/10/2018) regarding 28 Ruling on Entitlement. Signed by Special Master Christian J. Moran. (MRG) Service on parties made. -------------------------------------------------------------------------------- Case 1:17-vv-00922-UNJ Document 31 Filed 05/16/18 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS * * * * * * * * * * * * * * * * * * * * * * * * * RONALD PATRICK, * * No. 17-922V Petitioner, * Special Master Christian J. Moran * v. * * Filed: April 10, 2018 SECRETARY OF HEALTH * AND HUMAN SERVICES, * * Respondent. * * * * * * * * * * * * * * * * * * * * * * * * * * Diana L. Stadelnikas, Maglio Christopher and Toale, Sarasota, FL, for petitioner; Daniel A. Principato, United States Department of Justice, Washington, DC, for respondent. UNPUBLISHED RULING FINDING ENTITLEMENT TO COMPENSATION1 On July 10, 2017, Ronald Patrick filed a petition under the National Childhood Vaccine Injury Act, 42 U.S.C. §300a—10 et. seq., alleging that he suffered Guillain-Barre syndrome (“GBS”) as a result of an influenza vaccine administered on September 1, 2015. In his Rule 4(c) report, respondent states that “compensation is appropriate in this case.” Resp’t Rep’t, filed Apr. 2, 2018, at 1. Respondent adds that the Division of Vaccine Injury Compensation, Department of Health and Human Services, has reviewed the facts of this case and has concluded that the alleged injury, which has persisted for more than six months, “meets the requirements of the Vaccine Injury Table for GBS following the seasonal flu vaccination” Id. at 5. Accordingly, respondent states, “petitioner has satisfied all legal prerequisites for compensation under the Act.” Id. Special masters may determine whether a petitioner is entitled to compensation based upon the record. A hearing is not required. 42 U.S.C. § 300aa-13; Vaccine Rule 8(d). Based upon a review of the record as a whole, the undersigned finds that petitioner has established that he is entitled to compensation for his injury. 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-00922-UNJ Document 31 Filed 05/16/18 Page 2 of 2 Accordingly, Mr. Patrick is entitled to compensation. A subsequent order will discuss the next steps in determining Mr. Patrick’s compensation. Any questions may be directed to my law clerk, Matthew Ginther, at (202) 357-6360. IT IS SO ORDERED. s/Christian J. Moran Christian J. Moran Special Master 2 ================================================================================ DOCUMENT 2: USCOURTS-cofc-1_17-vv-00922-1 Date issued/filed: 2018-08-24 Pages: 4 Docket text: PUBLIC DECISION (Originally filed: 7/27/18) regarding 35 DECISION Stipulation/Proffer. Signed by Special Master Christian J. Moran. (MRG) Service on parties made. -------------------------------------------------------------------------------- Case 1:17-vv-00922-UNJ Document 38 Filed 08/24/18 Page 1 of 4 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS * * * * * * * * * * * * * * * * * * * * * RONALD PATRICK, * * No. 17-922V Petitioner, * Special Master Christian J. Moran * v. * Filed: July 27, 2018 * SECRETARY OF HEALTH * Damages; decision based on proffer; AND HUMAN SERVICES, * influenza (“flu”) vaccination; * Guillain-Barre syndrome. Respondent. * * * * * * * * * * * * * * * * * * * * * * Diana Lynn Stadelnikas, Maglio Christopher and Toale, PA, Sarasota, FL, for Petitioner; Daniel Anthony Principato, U.S. Department of Justice, Washington, DC, for Respondent. UNPUBLISHED DECISION AWARDING DAMAGES1 On July 10, 2017, Ronald Patrick filed a petition seeking compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. §§ 300aa-1 et seq., alleging that an influenza vaccination, administered on September 1, 2015, caused him to suffer Guillain-Barre syndrome (GBS). On April 10, 2018, the undersigned ruled, based upon respondent’s concession, see Respondent’s Report, filed April 2, 2018, that petitioners are entitled to compensation under the Vaccine Act. On July 23, 2018, respondent filed a Proffer on Award of Compensation, to which petitioner agrees. Based upon the record as a whole, the special master 1 The E-Government Act, 44 § 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-00922-UNJ Document 38 Filed 08/24/18 Page 2 of 4 finds the proffer reasonable and that petitioner is entitled to an award as stated in the Proffer. Pursuant to the attached Proffer the court awards petitioner: A lump sum payment of $231,335.88 comprised of $195,000.00 for past and future pain and suffering and $36,335.88 in unreimbursable expenses) in the form of a check payable to petitioner, Ronald Patrick. 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 17-922V according to this decision and the attached proffer.2 Any questions may be directed to my law clerk, Matthew Ginther, at (202) 357-6360. 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. Case 1:17-vv-00922-UNJ Document 38 Filed 08/24/18 Page 3 of 4 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS ____________________________________ ) RONALD PATRICK, ) No. 17-922V ) Special Master Moran Petitioner, ) ECF ) v. ) ) SECRETARY OF HEALTH AND ) HUMAN SERVICES, ) ) Respondent. ) ) PROFFER ON AWARD OF COMPENSATION I. Compensation for Vaccine Injury-Related Items On April 2, 2018, respondent filed a Vaccine Rule 4(c) report concluding that petitioner suffered an injury that is compensable under the National Childhood Vaccine Injury Act of 1986, as amended, 42 U.S.C. §§ 300aa-10 to -34. Accordingly, on April 10, 2018, the Special Master issued a Ruling on Entitlement. Respondent now proffers that, based on the evidence of record, petitioner should be awarded $231,335.88. This amount represents all elements of compensation to which petitioner would be entitled under 42 U.S.C. § 300aa-15(a). Petitioner agrees. II. Items of Compensation and Form of the Award The parties recommend that the compensation provided to petitioner should be made through a lump sum payment described below, and request that the Chief Special Master’s decision and the Court’s judgment award the following: 1 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. Case 1:17-vv-00922-UNJ Document 38 Filed 08/24/18 Page 4 of 4 A. Petitioner’s Damages A lump sum payment of $231,335.88 (comprised of $195,000.00 for past and future pain and suffering and $36,335.88 in unreimbursable expenses) in the form of a check payable to petitioner, Ronald Patrick. B. Guardianship Petitioner is a competent adult. Evidence of guardianship is not required in this case. Respectfully submitted, CHAD A. READLER Acting 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: July 23, 2018 2