VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-01479
Package ID: USCOURTS-cofc-1_17-vv-01479
Petitioner: M.P.
Filed: 2018-09-25
Decided: 2019-11-18
Vaccine: influenza
Vaccination date: 2016-10-03
Condition: Guillain-Barré syndrome
Outcome: compensated
Award amount USD: 15517

AI-assisted case summary:
Angelina Cavallo and Matthew Polanco, on behalf of their minor child M.P., filed a petition on October 10, 2017, alleging that M.P. suffered Guillain-Barré syndrome (GBS) as a result of an influenza vaccine received on October 3, 2016. The petition was filed under the National Vaccine Injury Compensation Program. The respondent filed a Rule 4(c) report on September 25, 2018, conceding that the petitioners had satisfied the criteria set forth in the Vaccine Injury Table for a presumed GBS injury, provided the onset occurred between three and forty-two days after vaccination and no alternative cause was apparent. The respondent also agreed that M.P. suffered residual effects for more than six months and met all legal prerequisites for compensation. Based on the respondent's concession and the evidence of record, Chief Special Master Nora Beth Dorsey issued a Ruling on Entitlement on September 25, 2018, finding M.P. entitled to compensation. Subsequently, on August 30, 2019, the respondent filed a proffer of damages. The parties agreed to an award consisting of a lump sum payment of $15,517.95 to satisfy the State of New Jersey Medicaid lien, payable jointly to the petitioners and the Treasurer, State of New Jersey. Additionally, an amount sufficient to purchase an annuity contract was awarded. This annuity contract was described in the proffer to provide a lump sum payment of $88,191.20 on April 20, 2032, to M.P., with provisions for his estate should he predecease this payment. The award was finalized on November 18, 2019, with Chief Special Master Nora Beth Dorsey issuing a Decision Awarding Damages. Petitioners were represented by Diana Lynn Stadelnikas of Maglio Christopher & Toale, PA, and the respondent was represented by Christine Mary Becer of the U.S. Department of Justice.

Theory of causation field:
Petitioners Angelina Cavallo and Matthew Polanco, on behalf of minor M.P., alleged that an influenza vaccine administered on October 3, 2016, caused Guillain-Barré syndrome (GBS). The respondent conceded entitlement, stating that M.P. met the criteria for a Table injury, with GBS onset occurring between three and forty-two days post-vaccination and no apparent alternative cause. The respondent also agreed that M.P. suffered residual effects for more than six months. Chief Special Master Nora Beth Dorsey issued a Ruling on Entitlement on September 25, 2018, finding M.P. entitled to compensation. A subsequent Proffer of Damages filed by the respondent on August 30, 2019, led to a Decision Awarding Damages on November 18, 2019. The award included a lump sum of $15,517.95 to satisfy the State of New Jersey Medicaid lien and an amount sufficient to purchase an annuity contract providing a future lump sum payment. Petitioners were represented by Diana Lynn Stadelnikas, and respondent was represented by Christine Mary Becer. The public decision does not describe the specific onset date, symptoms, medical tests, treatments, or expert witnesses.

Public staged source text:

================================================================================
DOCUMENT 1: USCOURTS-cofc-1_17-vv-01479-0
Date issued/filed: 2018-10-23
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 09/25/2018) regarding 28 Ruling on Entitlement ( Signed by Chief Special Master Nora Beth Dorsey. )(mpj) Service on parties made.
--------------------------------------------------------------------------------
Case 1:17-vv-01479-UNJ Document 33 Filed 10/23/18 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-1479V
Filed: September 25, 2018
UNPUBLISHED
ANGELINA CAVALLO and MATTHEW
POLANCO on behalf of M.P., a minor Special Processing Unit (SPU);
child, Ruling on Entitlement; Concession;
Table Injury; Influenza (Flu) Vaccine;
Petitioners, Guillain-Barre Syndrome (GBS)
v.
SECRETARY OF HEALTH
AND HUMAN SERVICES,
Respondent.
Diana Lynn Stadelnikas, Maglio Christopher & Toale, PA, Sarasota, FL, for petitioner.
Ilene Clair Albala, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
Dorsey, Chief Special Master:
On October 10, 2017, Angelina Cavallo and Matthew Polanco (“petitioners”) filed
a petition for compensation under the National Vaccine Injury Compensation Program,
42 U.S.C. §300aa-10, et seq.,2 (the “Vaccine Act”) on behalf of their minor child, M.P.
Petitioners allege that M.P. suffered Guillain-Barré syndrome (“GBS”) as a result of an
influenza (“flu”) vaccine he received on October 3, 2016. Petition at 1. The case was
assigned to the Special Processing Unit of the Office of Special Masters.
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).
1

Case 1:17-vv-01479-UNJ Document 33 Filed 10/23/18 Page 2 of 2
On September 25, 2018, respondent filed his Rule 4(c) report in which he
concedes that petitioners are entitled to compensation in this case. Respondent’s Rule
4(c) Report at 1. Specifically, respondent states that “petitioners have satisfied the
criteria set forth in the recently revised Vaccine Injury Table (Table) and the
Qualifications and Aids to Interpretation (QAI), which afford petitioners a presumption of
causation for M.P.’s alleged injury if the onset of GBS occurs between three and forty-
two days after a seasonal flu vaccination and there is no apparent alternative cause.”
Id. at 6. Respondent further agrees that “M.P. suffered the residual effects of his
condition for more than six months…” and “based on the record as it now stands,
petitioners have satisfied all legal prerequisites for compensation under the Act.” Id.
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
2

================================================================================
DOCUMENT 2: USCOURTS-cofc-1_17-vv-01479-1
Date issued/filed: 2019-11-18
Pages: 6
Docket text: PUBLIC DECISION (Originally filed: 08/30/2019) regarding 54 DECISION Stipulation/Proffer Signed by Special Master Nora Beth Dorsey. (ypb) Service on parties made.
--------------------------------------------------------------------------------
Case 1:17-vv-01479-UNJ Document 64 Filed 11/18/19 Page 1 of 6
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-1479V
Filed: August 30, 2019
UNPUBLISHED
ANGELINA CAVALLO and NELSON
POLANCO on behalf of M.P., a minor
child,
Special Processing Unit (SPU);
Damages Decision Based on Proffer;
Petitioners,
Influenza (Flu) Vaccine; Guillain-
v.
Barre Syndrome (GBS)
SECRETARY OF HEALTH
AND HUMAN SERVICES,
Respondent.
Diana Lynn Stadelnikas, Maglio Christopher & Toale, PA, Sarasota, FL, for petitioners.
Christine Mary Becer, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
Dorsey, Chief Special Master:
On October 10, 2017, Angelina Cavallo and Nelson Polanco (“petitioners”) filed a
petition for compensation under the National Vaccine Injury Compensation Program, 42
U.S.C. §300aa-10, et seq.,2 (the “Vaccine Act”) on behalf of their minor child, M.P.
Petitioners allege that M.P. suffered Guillain-Barré syndrome (“GBS”) as a result of an
influenza (“flu”) vaccine he received on October 3, 2016. Petition at 1. The case was
assigned to the Special Processing Unit of the Office of Special Masters.
1 The undersigned intends to post this decision on the United States Court of Federal Claims' website.
This means the decision will be available to anyone with access to the internet. 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. Because this unpublished decision contains a reasoned explanation for the
action in this case, undersigned is required 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).
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-01479-UNJ Document 64 Filed 11/18/19 Page 2 of 6
On September 25, 2018, a ruling on entitlement was issued, finding petitioners
entitled to compensation. On August 30, 2019, respondent filed a proffer on award of
compensation (“Proffer”) indicating petitioners should be awarded $15,517.95 to satisfy
the State of New Jersey Medicaid lien, and an amount sufficient to purchase an annuity
contract as described in the Proffer. Proffer at 2-3. In the Proffer, respondent
represented that petitioners agree with the proffered award. Id. Based on the record as
a whole, the undersigned finds that petitioners are entitled to an award as stated in the
Proffer.
Pursuant to the terms stated in the attached Proffer, the undersigned awards
the following to petitioners:
a. A lump sum payment in the amount of $15,517.95, representing
compensation for satisfaction of the State of New Jersey, lien, payable
jointly to petitioners and
Treasurer, State of New Jersey
Mail to:
Health Management Systems, Inc.
P.O. Box 416522
Boston, MA 02241-6522
Medicaid ID Number: 243072657021
HMS Case Number: 157945
Petitioners agree to endorse this payment to the Treasurer, State of New
Jersey.
b. An amount sufficient to purchase the annuity contract described in
section II. B of the attached Proffer.
These amounts represent compensation for all damages that would be available under
§ 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-01479-UNJ Document 64 Filed 11/18/19 Page 3 of 6
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
____________________________________
)
ANGELINA CAVALLO and )
NELSON POLANCO on behalf of )
M.P., a minor child, )
)
Petitioners, )
) No. 17-1479V
v. ) Chief Special Master Dorsey
) ECF
SECRETARY OF HEALTH AND )
HUMAN SERVICES, )
)
Respondent. )
____________________________________)
RESPONDENT’S PROFFER OF DAMAGES
I. Procedural History
On September 25, 2018, respondent filed a Vaccine Rule 4(c) report concluding that M.P.
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 September 25, 2018, the Chief
Special Master issued a Ruling on Entitlement, finding that M.P. suffered from Guillain-Barré
syndrome (“GBS”) as a result of an influenza (“flu”) vaccine administered on October 3, 2016.
II. Items of Compensation and Form of the Award
Based upon the evidence of record, respondent proffers, and the parties recommend, that
compensation be made through a lump sum and future annuity payments as described below, and
request that the Chief Special Master's decision and the Court's judgment award the following:1
1 Should M.P. 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 lost earnings, and future pain
and suffering.
1

Case 1:17-vv-01479-UNJ Document 64 Filed 11/18/19 Page 4 of 6
A. Medicaid Lien
Respondent proffers that M.P. should be awarded funds to satisfy the State of New Jersey
Medicaid lien in the amount of $15,517.95, which represents full satisfaction of any right of
subrogation, assignment, claim, lien, or cause of action the State of New Jersey may have against
any individual as a result of any Medicaid payments that the State of New Jersey has made to or
on behalf of M.P. from the date of his eligibility for benefits through the date of judgment in this
case as a result of his vaccine-related injury suffered on or about October 3, 2016, under Title
XIX of the Social Security Act. Reimbursement of the State of New Jersey lien shall be made
through a lump sum payment of $15,517.95, representing compensation for satisfaction of the
State of New Jersey lien, payable jointly to petitioners and
Treasurer, State of New Jersey
Mail to:
Health Management Systems, Inc.
P.O. Box 416522
Boston, MA 02241-6522
Medicaid ID Number: 243072657021
HMS Case Number: 157945
Petitioners agree to endorse this payment to the Treasurer, State of New Jersey.
2

Case 1:17-vv-01479-UNJ Document 64 Filed 11/18/19 Page 5 of 6
B. Annuity
An amount sufficient to purchase an annuity contract,2 paid to the life insurance
company3 from which the annuity will be purchased,4 subject to the conditions described below,
that will provide a certain lump sum payment to M.P. as set forth below:
On April 20, 2032, a certain lump payment in the amount of $88,191.20.
Should M.P. predecease any the certain lump sum payment set forth above, said payment shall
be made to his estate. Written notice to the Secretary of Health and Human Services and to the
Life Insurance Company shall be provided within twenty (20) days of M.P.’s death.
This amount represents all elements of compensation to which M.P. would be entitled
under 42 U.S.C. § 300aa-15(a). Petitioners agree.5
III. Summary of Recommended Payments Following Judgment
A. Medicaid Lien: $15,517.95
B. An amount sufficient to purchase the annuity contract described
above in section II. B.
2 In respondent’s discretion, respondent may purchase one or more annuity contracts from one or more life
insurance companies.
3 The Life Insurance Company must have a minimum of $250,000,000 capital and surplus, exclusive of any
mandatory security valuation reserve. The Life Insurance Company must have one of the following ratings from
two of the following rating organizations:
a. A.M. Best Company: A++, A+, A+g, A+p, A+r, or A+s;
b. Moody's Investor Service Claims Paying Rating: Aa3, Aa2, Aa1, or Aaa;
c. Standard and Poor's Corporation Insurer Claims-Paying Ability Rating: AA-, AA, AA+, or
AAA;
d. Fitch Credit Rating Company, Insurance Company Claims Paying Ability Rating: AA-, AA,
AA+, or AAA.
4 Petitioners authorize the disclosure of certain documents filed by the petitioners in this case consistent with the
Privacy Act and the routine uses described in the National Vaccine Injury Compensation Program System of
Records, No. 09-15-0056.
5 At the time payment is received, M.P. will be an adult, and thus guardianship is not required.
3

Case 1:17-vv-01479-UNJ Document 64 Filed 11/18/19 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
HEATHER L. PEARLMAN
Assistant Director
Torts Branch, Civil Division
/s/Christine M. Becer
CHRISTINE M. BECER
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) 616-3665
Dated: 8/28/19
4