VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_19-vv-00064
Package ID: USCOURTS-cofc-1_19-vv-00064
Petitioner: Agnes Biagini
Filed: 2019-01-15
Decided: 2021-05-18
Vaccine: influenza
Vaccination date: 2016-12-07
Condition: Guillain-Barré syndrome (GBS)
Outcome: compensated
Award amount USD: 240000

AI-assisted case summary:
Susan B. Acon, as executrix of the estate of Agnes Biagini, filed a petition for compensation on January 15, 2019, alleging injuries and death related to Ms. Biagini's receipt of an influenza vaccine on December 7, 2016. Petitioner alleged that Ms. Biagini developed Guillain-Barré syndrome (GBS) as a result of the vaccine and that her death on January 15, 2017, was a sequela of this alleged injury. The respondent, the Secretary of Health and Human Services, denied that Ms. Biagini sustained a Table GBS injury and denied that the flu vaccine caused her alleged GBS, any other injury, or her death. Despite these denials, the parties reached a stipulation to settle the issues. Special Master Thomas L. Gowen adopted the stipulation, awarding compensation of $240,000.00 to the estate, payable to petitioner as the legal representative. This lump sum represents compensation for all damages available under 42 U.S.C. § 300aa-15(a). Judgment was entered in accordance with the stipulation. Petitioner was represented by Rudolph L. Massa of Massa Law Group, PC, and respondent was represented by James V. Lopez of the United States Department of Justice. The decision was issued on May 18, 2021.

Theory of causation field:
Petitioner alleged that Agnes Biagini received an influenza vaccine on December 7, 2016, and subsequently developed Guillain-Barré syndrome (GBS), with her death on January 15, 2017, being a sequela of the GBS. Respondent denied that the vaccine caused the GBS or death, and denied that the injury was a "Table GBS injury." The parties reached a stipulation to settle the case, with the Special Master adopting the stipulation. The award was $240,000.00, representing compensation for all damages. The specific theory of causation, medical experts, and detailed clinical facts were not described in the public decision, as the case was resolved via stipulation. The decision was issued by Special Master Thomas L. Gowen on May 18, 2021. Petitioner's counsel was Rudolph L. Massa, and respondent's counsel was James V. Lopez.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_19-vv-00064-0
Date issued/filed: 2021-06-08
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 5/18/21) regarding 46 DECISION Stipulation/Proffer Signed by Special Master Thomas L. Gowen. (kb) Service on parties made.
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Case 1:19-vv-00064-UNJ Document 47 Filed 06/08/21 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
Filed: May 18, 2021
* * * * * * * * * * * * *
SUSAN B. ACON, *
as executrix of the estate of * UNPUBLISHED
AGNES BIAGINI, *
* No. 19-64V
Petitioner, *
v. * Special Master Gowen
*
SECRETARY OF HEALTH * Stipulation; Influenza (Flu);
AND HUMAN SERVICES, * Guillain-Barré syndrome (GBS);
* Death.
Respondent. *
* * * * * * * * * * * * *
Rudolph L. Massa, Massa Law Group, PC, Pittsburgh, PA, for petitioner.
James V. Lopez, United States Department of Justice, Washington, DC, for respondent.
DECISION ON STIPULATION1
On January 15, 2019, Susan B. Acon (“petitioner”) as executrix of the estate of Agnes
Biagini, filed a petition for compensation in the National Vaccine Injury Compensation
Program.2 Petition (ECF No. 1). The petition seeks compensation for injuries and death
allegedly related to Ms. Biagini’s receipt of an influenza (“flu”) vaccine, which vaccine is
contained in the Vaccine Injury Table (the “Table”), on December 7, 2016.
Petitioner alleges that as a result of receiving the flu vaccine, Ms. Biagini suffered
Guillain-Barré syndrome (“GBS”) and that her death on January 15, 2017, was a sequela of the
alleged vaccine-related injury.
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 intend 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. 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 opinion. 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-10 to 34 (2012)
(hereinafter “Vaccine Act” or “the Act”). Hereinafter, individual section references will be to 42 U.S.C. § 300aa of
the Act.

Case 1:19-vv-00064-UNJ Document 47 Filed 06/08/21 Page 2 of 7
On May 18, 2021, respondent filed a stipulation which provides that a decision should be
entered awarding compensation to petitioner on behalf of Ms. Biagini’s estate. Stipulation (ECF
No. 45). Respondent denies that Ms. Biagini sustained a Table GBS injury and further denies
that the flu vaccine caused Ms. Biagini’s alleged GBS, any other injury, or her death. Id. at ¶ 6.
Maintaining their above-stated positions, the parties nevertheless now agree that the
issues between them shall be settled and that a decision should be entered awarding the
compensation described in paragraph 8 of the stipulation, which is attached hereto as Appendix
A. Id. at ¶ 7.
The stipulation awards a lump sum of $240,000.00 in the form of a check payable to
petitioner as legal representative of the estate of Agnes Biagini. This lump sum represents
compensation for all damages that would be available under 42 U.S.C. § 300aa-15(a).
I adopt the stipulation as the decision of the Court and hereby award compensation in the
amount and on the terms set forth therein. Accordingly, the Clerk of 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

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