VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_19-vv-00523
Package ID: USCOURTS-cofc-1_19-vv-00523
Petitioner: John Moriarty
Filed: 2020-09-11
Decided: 2020-10-27
Vaccine: Tdap
Vaccination date: 2018-06-23
Condition: Guillain-Barre Syndrome
Outcome: compensated
Award amount USD: 200000

AI-assisted case summary:
John Moriarty filed a petition for compensation under the National Vaccine Injury Compensation Program on September 11, 2020. He alleged that he developed Guillain-Barre Syndrome (GBS) after receiving a tetanus-diphtheria-acellular pertussis (Tdap) vaccination on June 23, 2018. The respondent, the Secretary of Health and Human Services, denied that Mr. Moriarty sustained the alleged injury, that the vaccine caused or significantly aggravated his alleged injury or any other injury, and that his current disabilities were the result of a vaccine-related injury. Despite the respondent's denial, the parties reached a joint stipulation to settle the case, which was filed on September 10, 2020. The terms of the stipulation included a lump sum payment of $200,000.00, payable to John Moriarty, as compensation for all damages available under the program. Special Master Mindy Michaels Roth adopted the stipulation and awarded the compensation on October 27, 2020. Petitioner counsel was Anne Toale, Esq., of Maglio Christopher & Toale, PA, and respondent counsel was Lara Englund, Esq., of the US Department of Justice. The public decision does not describe the onset of symptoms, specific clinical details, medical tests, treatments, or expert witnesses.

Theory of causation field:
Petitioner John Moriarty alleged Guillain-Barre Syndrome (GBS) following a Tdap vaccination on June 23, 2018. Respondent denied causation. The parties reached a joint stipulation to settle the case, resulting in an award of $200,000.00. The public decision does not detail the specific theory of causation, medical experts, or the mechanism of injury. The decision was made by Special Master Mindy Michaels Roth on October 27, 2020, based on a stipulation filed September 10, 2020. Petitioner was represented by Anne Toale, Esq., and respondent by Lara Englund, Esq.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_19-vv-00523-0
Date issued/filed: 2020-10-27
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 9/11/2020) regarding 31 DECISION Fees Stipulation/Proffer Signed by Special Master Mindy Michaels Roth. (ec) Service on parties made.
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Case 1:19-vv-00523-UNJ Document 37 Filed 10/27/20 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 19-523V
Filed: September 11, 2020
* * * * * * * * * * * * *
JOHN MORIARTY, * UNPUBLISHED
*
Petitioner, * Decision on Joint Stipulation;
* Guillain-Barre Syndrome
v. * (“GBS”); Tetanus-diphtheria-
* acellular pertussis (“Tdap”)
SECRETARY OF HEALTH * Vaccine
AND HUMAN SERVICES, *
*
Respondent. *
* * * * * * * * * * * * *
Anne Toale, Esq., Maglio Christopher & Toale, PA, Sarasota, FL for petitioner.
Lara Englund, Esq., US Department of Justice, Washington, DC, for respondent.
DECISION ON JOINT STIPULATION1
Roth, Special Master:
On April 10, 2019, John Moriarty [“Mr. Moriarty” or “petitioner”] filed a petition for
compensation under the National Vaccine Injury Compensation Program.2 Petitioner alleges that
he developed Guillain-Barre Syndrome (“GBS”) after receiving a tetanus-diphtheria-acellular
pertussis (“Tdap”) vaccination on June 23, 2018. See Petition, ECF No. 1.
Respondent denies that petitioner sustained the alleged injury, that the vaccine caused or
significantly aggravated petitioner’s alleged injury or any other injury, and that petitioner’s current
disabilities are the result of a vaccine-related injury. Stipulation, filed September 10, 2020, at ¶ 6.
1 Although this Decision has been formally designated “unpublished,” it will nevertheless be posted on the
Court of Federal Claims’s website, in accordance with the E-Government Act of 2002, Pub. L. No. 107-
347, 116 Stat. 2899, 2913 (codified as amended at 44 U.S.C. § 3501 note (2006)). This means the Decision
will be available to anyone with access to the internet. However, the parties may object to the Decision’s
inclusion of certain kinds of confidential information. Specifically, under Vaccine Rule 18(b), each party
has fourteen days within which to request 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). Otherwise, the whole Decision will be available to the public. Id.
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 1:19-vv-00523-UNJ Document 37 Filed 10/27/20 Page 2 of 7
Nevertheless, the parties have agreed to settle the case. On September 10, 2020, the parties
filed a joint stipulation agreeing to settle this case and describing the settlement terms.
Respondent agrees to issue the following payment:
A lump sum of $200,000.00 in the form of a check payable to petitioner, John
Moriarty. This amount represents compensation for all damages that would be
available under § 300aa-15(a).
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 is directed to enter judgment in accordance
with this decision.3
IT IS SO ORDERED.
s/ Mindy Michaels Roth
Mindy Michaels Roth
Special Master
3 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by each party filing a notice
renouncing the right to seek review.
2

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