VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-00951 Package ID: USCOURTS-cofc-1_17-vv-00951 Petitioner: Andres Spinetti Filed: 2017-07-14 Decided: 2019-01-22 Vaccine: meningococcal Vaccination date: 2015-04-09 Condition: autoimmune neuroretinitis and / or optic neuritis Outcome: compensated Award amount USD: 80640 AI-assisted case summary: Andres Spinetti, substituted as petitioner upon reaching the age of majority, filed a petition for compensation on July 14, 2017, alleging that a meningococcal vaccine administered on or about April 9, 2015, caused him to suffer autoimmune neuroretinitis and/or optic neuritis, with residual effects lasting more than six months. The respondent, the Secretary of Health and Human Services, denied that the vaccine caused or aggravated the petitioner's condition. The parties subsequently filed a joint stipulation agreeing to compensation. Special Master Christian J. Moran reviewed and adopted the stipulation. The decision awarded Andres Spinetti a total of $80,640.57. This amount comprised a lump sum of $75,000.00 for general damages, payable to the petitioner, and a lump sum of $5,640.57 for past unreimbursed expenses, payable to the petitioner and his parents, Livania Zavala and Nelson J. Spinetti. The public decision does not describe the specific onset of symptoms, clinical details of the condition, diagnostic tests performed, or treatments received. The attorneys involved were Ramon Rodriguez III for the petitioner and Lara A. Englund for the respondent. The case was compensated based on the stipulation. Theory of causation field: Petitioner Andres Spinetti alleged that a meningococcal vaccine received on or about April 9, 2015, caused autoimmune neuroretinitis and/or optic neuritis, with residual effects lasting more than six months. The condition is listed on the Vaccine Injury Table. Respondent denied causation. The parties filed a joint stipulation for compensation, which was adopted by Special Master Christian J. Moran on December 18, 2018. The award was $80,640.57 ($75,000.00 for general damages and $5,640.57 for past unreimbursed expenses). The public decision does not detail the specific mechanism of causation, expert testimony, or clinical evidence presented, as the case was resolved via stipulation. Petitioner counsel was Ramon Rodriguez III; respondent counsel was Lara A. Englund. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_17-vv-00951-0 Date issued/filed: 2019-01-22 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 12/18/18) regarding 35 DECISION Stipulation/Proffer Signed by Special Master Christian J. Moran. (MRG) Service on parties made. -------------------------------------------------------------------------------- Case 1:17-vv-00951-UNJ Document 39 Filed 01/22/19 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS * * * * * * * * * * * * * * * * * * * * * ANDRES SPINETTI, * * No. 17-951V * Special Master Christian J. Moran Petitioner, * v. * * Filed: December 18, 2018 SECRETARY OF HEALTH * AND HUMAN SERVICES, * Meningococcal vaccine; autoimmune * neuroretinitis; optic neuritis; Respondent. * stipulation. * * * * * * * * * * * * * * * * * * * * * Ramon Rodriguez III, Sands Anderson PC, Richmond, VA, for Petitioner; Lara A. Englund, United States Dep’t of Justice, Washington, DC, for Respondent. UNPUBLISHED DECISION1 On December 14, 2018, the parties filed a joint stipulation concerning the petition for compensation filed by Andres Spinetti2 on July 14, 2017. Petitioner alleged that the meningococcal vaccine he received on or about April 9, 2015, which is contained in the Vaccine Injury Table (the “Table”), 42 C.F.R. §100.3(a), caused him to suffer autoimmune neuroretinitis and / or optic neuritis. Petitioner further alleges that he suffered the residual effects of this injury for more than six months. Petitioner represents that there has been no prior award or settlement of a civil action for damages on his behalf as a result of his condition. 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. 2 The petition was originally filed by petitioner’s parents, Livania Zavala and Nelson J. Spinetti. Andres was substituted as petitioner upon reaching the age of majority. Case 1:17-vv-00951-UNJ Document 39 Filed 01/22/19 Page 2 of 7 Respondent denies that the vaccines either caused or significantly aggravated petitioner’s alleged injury or any other injury, and denies that petitioner's current disabilities are the result of a vaccine-related injury. 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. A lump sum payment of $75,000.00 in the form of a check payable to petitioner; and b. A lump sum of $5,640.57 in the form of a check payable to petitioner and his parents, Livania Zavala and Nelson J. Spinetti, for past unreimbursed expenses. These amounts 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 17-951V according to this decision and the attached stipulation.3 IT IS SO ORDERED. s/Christian J. Moran Christian J. Moran Special Master 3 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 Case 1:17-vv-00951-UNJ Document 39 Filed 01/22/19 Page 3 of 7 Case 1:17-vv-00951-UNJ Document 39 Filed 01/22/19 Page 4 of 7 Case 1:17-vv-00951-UNJ Document 39 Filed 01/22/19 Page 5 of 7 Case 1:17-vv-00951-UNJ Document 39 Filed 01/22/19 Page 6 of 7 Case 1:17-vv-00951-UNJ Document 39 Filed 01/22/19 Page 7 of 7