VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-01208
Package ID: USCOURTS-cofc-1_17-vv-01208
Petitioner: Michael Napolitano
Filed: 2017-09-07
Decided: 2018-10-16
Vaccine: influenza
Vaccination date: 2016-09-22
Condition: Guillain-Barré Syndrome (GBS)
Outcome: compensated
Award amount USD: 152417.48

AI-assisted case summary:
On September 7, 2017, Michael Napolitano filed a Vaccine Program petition after receiving an influenza vaccine on September 22, 2016. He alleged that the vaccine caused Guillain-Barre Syndrome.

Respondent conceded entitlement in a Rule 4(c) report filed August 3, 2018. The report stated that medical personnel at the Division of Injury Compensation Programs reviewed the petition and medical records and that Napolitano satisfied the Vaccine Injury Table and Qualifications and Aids to Interpretation criteria for GBS. Chief Special Master Nora Beth Dorsey granted entitlement on August 6, 2018. The public ruling does not provide additional clinical detail about onset or treatment.

Respondent filed a damages proffer on October 12, 2018, and Napolitano agreed. On October 16, 2018, Chief Special Master Dorsey awarded a lump sum of $152,417.48, payable to Napolitano. The award consisted of $150,000.00 in actual and projected pain and suffering and $2,417.48 in past unreimbursable expenses. Napolitano was represented on the entitlement ruling by Ann Mayhew Golski and on the damages decision by Brenton Aaron Elswick, both of Maglio Christopher & Toale, PA.

Theory of causation field:
Influenza vaccine (September 22, 2016) causing Table Guillain-Barre Syndrome. COMPENSATED. Respondent conceded that DICP medical personnel found petitioner satisfied Vaccine Injury Table/QAI criteria for GBS; public decisions contain limited clinical detail beyond the concession. Entitlement granted by Chief Special Master Nora Beth Dorsey on August 6, 2018; damages awarded October 16, 2018. Award: $152,417.48 lump sum ($150,000.00 actual/projected pain and suffering + $2,417.48 past unreimbursable expenses). Attorneys: Ann Mayhew Golski and Brenton Aaron Elswick, Maglio Christopher & Toale, PA, Washington, DC.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_17-vv-01208-0
Date issued/filed: 2018-10-18
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 08/06/2018) regarding 24 Ruling on Entitlement (Signed by Chief Special Master Nora Beth Dorsey. )(mpj) Service on parties made.
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Case 1:17-vv-01208-UNJ Document 35 Filed 10/18/18 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-1208V
Filed: August 6, 2018
UNPUBLISHED
MICHAEL NAPOLITANO,
Special Processing Unit (SPU);
Petitioner, Ruling on Entitlement; Concession;
v. Table Injury; Influenza (Flu) Vaccine;
Guillain-Barre Syndrome (GBS)
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Ann Mayhew Golksi, Maglio Christopher & Toale, PA, Washington, DC, for petitioner.
Jennifer Leigh Reynaud, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
Dorsey, Chief Special Master:
On September 7, 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-Barré Syndrome (“GBS”) as
a result of an influenza (“flu”) vaccine he received on September 22, 2016. Petition at 1.
The case was assigned to the Special Processing Unit of the Office of Special Masters.
On August 3, 2018, respondent filed his Rule 4(c) report in which he concedes
that petitioner is entitled to compensation in this case. Respondent’s Rule 4(c) Report
at 1. Specifically, respondent states that: “Medical personnel at the Division of Injury
Compensation Programs, Department of Health and Human Services (“DICP”), have
reviewed the petition and medical records filed in the case. It is respondent’s s position
1 Because this unpublished ruling 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-01208-UNJ Document 35 Filed 10/18/18 Page 2 of 2
that petitioner has satisfied the criteria set forth in the Vaccine Injury Table (“Table”) and
the Qualifications and Aids to Interpretation (“QAI”).” Id. at 4 (citing 42 C.F.R. §§
100.3(a)(XIV)(D), 100.3(c)(15)).
In view of respondent’s position and the evidence of record, the
undersigned finds that petitioner is entitled to compensation.
IT IS SO ORDERED.
s/Nora Beth Dorsey
Nora Beth Dorsey
Chief Special Master

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DOCUMENT 2: USCOURTS-cofc-1_17-vv-01208-1
Date issued/filed: 2018-12-12
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 10/16/2018) regarding 32 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey. )(mpj) Service on parties made.
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Case 1:17-vv-01208-UNJ Document 37 Filed 12/12/18 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-1208V
Filed: October 16, 2018
UNPUBLISHED
MICHAEL NAPOLITANO,
Special Processing Unit (SPU);
Damages Decision Based on Proffer;
Petitioner,
Influenza (Flu) Vaccine; Guillain-
v.
Barre Syndrome (GBS)
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Brenton Aaron Elswick, Maglio Christopher & Toale, PA, Washington, DC, for petitioner.
Jennifer Leigh Reynaud, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
Dorsey, Chief Special Master:
On September 7, 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-Barré Syndrome (“GBS”) as
a result of an influenza (“flu”) vaccine he received on September 22, 2016. Petition at 1.
The case was assigned to the Special Processing Unit of the Office of Special Masters.
On August 6, 2018, a ruling on entitlement was issued, finding petitioner entitled
to compensation for his GBS injury. On October 12, 2018, respondent filed a proffer on
award of compensation (“Proffer”) indicating petitioner should be awarded $152,417.48,
including $150,000.00 in actual and projected pain and suffering and $2,417.48 in past
unreimbursable expenses. Proffer at 1-2. In the Proffer, respondent represented that
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-01208-UNJ Document 37 Filed 12/12/18 Page 2 of 4
petitioner agrees with the proffered award. Based on the record as a whole, the
undersigned finds that petitioner is entitled to an award as stated in the Proffer.
Pursuant to the terms stated in the attached Proffer, the undersigned awards
petitioner a lump sum payment of $152,417.48 in the form of a check payable to
petitioner, Michael Napolitano. This amount represents compensation for all
damages that would be available under § 300aa-15(a).
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

Case 1:17-vv-01208-UNJ Document 37 Filed 12/12/18 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
MICHAEL NAPOLITANO,
Petitioner, No. 17-1208V
v. Chief Special Master Dorsey
ECF
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
PROFFER ON AWARD OF DAMAGES
On September 7, 2017, Michael Napolitano (“petitioner”) filed a petition for compensation
(“Petition”) under the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-1 to -34
(“Vaccine Act” or “Act”), as amended. Respondent conceded petitioner’s entitlement to compensation
in his Rule 4(c) Report filed on August 3, 2018. Based on Respondent’s Rule 4(c) Report the Chief
Special Master found petitioner entitled to compensation.
I. Items of Compensation
A. Pain and Suffering
Respondent proffers that petitioner should be awarded $150,000.00 in actual and projected pain
and suffering. This amount reflects that any award for projected pain and suffering has been reduced to
net present value. See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees.
B. Past Unreimbursable Expenses
Evidence supplied by petitioner documents his expenditure of past unreimbursable expenses
related to his vaccine-related injury. Respondent proffers that petitioner should be awarded past
unreimbursable expenses in the amount of $2,417.48. Petitioner agrees.
1

Case 1:17-vv-01208-UNJ Document 37 Filed 12/12/18 Page 4 of 4
II. Form of the Award
Respondent recommends that the compensation provided to petitioner should be made through a
lump sum payment of $152,417.48, in the form of a check made payable to petitioner. 1 This lump sum
payment represents all elements of compensation to which petitioner would be entitled under 42 U.S.C.
§ 300aa-15(a). Petitioner agrees.
Petitioner is a competent adult. Evidence of guardianship is not required in this case.
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
HEATHER L. PEARLMAN
Assistant Director
Torts Branch, Civil Division
s/Jennifer L. Reynaud
JENNIFER L. REYNAUD
Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146
Benjamin Franklin Station
Washington, D.C. 20044-0146
Tel: (202) 305-1586
Date: October 12, 2018
1 Should petitioner die prior to the 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
lost earnings, and future pain and suffering.
2