VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_18-vv-00113 Package ID: USCOURTS-cofc-1_18-vv-00113 Petitioner: Gianluca Saccone Filed: 2018-01-23 Decided: 2021-10-19 Vaccine: influenza Vaccination date: 2015-12-22 Condition: Guillain-Barre syndrome Outcome: compensated Award amount USD: 50000 AI-assisted case summary: Gianluca Saccone filed a petition on January 23, 2018, alleging that the influenza vaccine he received on December 22, 2015, caused him to develop Guillain-Barre syndrome (GBS). The respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused petitioner's GBS or any other injury. The parties, represented by Amy A. Senerth of Muller Brazil, LLP for the petitioner and Wei K. Tai of the U.S. Dept. of Justice for the respondent, reached a stipulation to settle the case. As part of the stipulation, the respondent agreed that a decision should be entered awarding compensation to the petitioner. Special Master Thomas L. Gowen adopted the stipulation. The court awarded Gianluca Saccone $50,000.00 as a lump sum, payable by check to the petitioner, representing compensation for all damages related to his alleged vaccine injury. The public decision does not describe the petitioner's specific symptoms, medical history, diagnostic tests, treatments, or any expert witnesses. The specific mechanism of causation was not detailed in the public decision. Theory of causation field: Petitioner Gianluca Saccone alleged that the influenza vaccine received on December 22, 2015, caused Guillain-Barre syndrome (GBS). The respondent denied causation. The parties stipulated to a settlement, and Special Master Thomas L. Gowen awarded $50,000.00. The public decision does not detail the specific theory of causation, medical experts, or the mechanism by which the vaccine allegedly caused GBS. Petitioner counsel was Amy A. Senerth, and respondent counsel was Wei K. Tai. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_18-vv-00113-0 Date issued/filed: 2021-11-12 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 10/20/2021) regarding 75 DECISION Stipulation. Signed by Special Master Thomas L. Gowen. (hs) Service on parties made. -------------------------------------------------------------------------------- Case 1:18-vv-00113-UNJ Document 79 Filed 11/12/21 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS Filed: October 20, 2021 * * * * * * * * * * * * * GIANLUCA SACCONE, * UNPUBLISHED * Petitioner, * No. 18-113V * v. * Special Master Gowen * SECRETARY OF HEALTH * Decision on Stipulation; AND HUMAN SERVICES, * Influenza (“flu”); Guillain- * Barre syndrome (“GBS”). * Respondent. * * * * * * * * * * * * * * Amy A. Senerth, Muller Brazil, LLP, Dresher, PA, for petitioner. Wei K. Tai, U.S. Dept. of Justice, Washington, D.C., for respondent. DECISION ON STIPULATION1 On January 23, 2018, Gianluca Saccone (“petitioner”), filed a petition for compensation under the National Vaccine Injury Program.2 Petition at Preamble (ECF No. 1). The petition alleges that the influenza (“flu”) he received on December 22, 2015 caused him to suffer Guillain-Barre syndrome (“GBS”). Petition at Preamble; Stipulation (ECF No. 74). On October 19, 2021, respondent filed a stipulation providing that a decision should be entered awarding compensation to petitioner. Stipulation. Respondent denies that the flu vaccine is the cause of petitioner’s GBS or any other injury. Id. at ¶ 6. Nevertheless, maintaining their respective positions, the parties now agree that the issues between them shall 1 Pursuant to the E-Government Act of 2002, see 44 U.S.C. § 3501 note (2012), because this opinion contains a reasoned explanation for the action in this case, I am required to post it on the website of the United States Court of Federal Claims. The court’s website is at http://www.uscfc.uscourts.gov/aggregator/sources/7. This means the opinion will be available to anyone with access to the Internet. Before the opinion is posted on the court’s website, each party has 14 days to file a motion requesting 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). “An objecting party must provide the court with a proposed redacted version of the decision.” Id. If neither party files a motion for redaction within 14 days, the opinion will be posted on the court’s website without any changes. Id. 2 The National Vaccine Injury Compensation Program is set forth in Part 2 of the National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755, codified as amended, 42 U.S.C. §§ 300aa-1 to -34 (2012) (Vaccine Act or the Act). All citations in this decision to individual sections of the Vaccine Act are to 42 U.S.C.A. § 300aa. Case 1:18-vv-00113-UNJ Document 79 Filed 11/12/21 Page 2 of 7 be settled and that a decision should be entered awarding the compensation to the petitioner according to the terms of the stipulation attached hereto as Appendix A. Id. at ¶ 7. The stipulation provides: 1) A lump sum of $50,000.00 in the form of a check payable to petitioner. This amount represents compensation for all damages that would be available under 42 U.S.C. §300aa-15(a) for injuries allegedly related to petitioner’s receipt of the flu vaccine. I adopt the parties’ stipulation attached hereto, and award compensation in the amount and on the terms set forth therein. The Clerk of the Court SHALL ENTER JUDGMENT in accordance with the terms of the parties’ stipulation.3 IT IS SO ORDERED. s/Thomas L. Gowen Thomas L. Gowen Special Master 3 Entry of judgment is expedited by each party’s filing notice renouncing the right to seek review. Vaccine Rule 11(a). 2 Case 1:18-vv-00113-UNJ Document 79 Filed 11/12/21 Page 3 of 7 Case 1:18-vv-00113-UNJ Document 79 Filed 11/12/21 Page 4 of 7 Case 1:18-vv-00113-UNJ Document 79 Filed 11/12/21 Page 5 of 7 Case 1:18-vv-00113-UNJ Document 79 Filed 11/12/21 Page 6 of 7 Case 1:18-vv-00113-UNJ Document 79 Filed 11/12/21 Page 7 of 7