VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_19-vv-00810 Package ID: USCOURTS-cofc-1_19-vv-00810 Petitioner: Robert Nocille Filed: 2021-01-27 Decided: 2021-03-04 Vaccine: influenza Vaccination date: 2018-01-03 Condition: Guillain-Barre Syndrome (GBS) Outcome: compensated Award amount USD: 195000 AI-assisted case summary: Robert Nocille filed a petition on January 27, 2021, seeking compensation under the National Vaccine Injury Compensation Program. He alleged that he suffered Guillain-Barre Syndrome (GBS) as a result of an influenza vaccination received on January 3, 2018. Mr. Nocille claimed the vaccine was administered in the United States, that his injury had residual effects lasting more than six months, and that he had not received a prior award or settlement for this injury. The respondent, the Secretary of Health and Human Services, denied that Mr. Nocille sustained a GBS Table injury or that his alleged GBS and residual effects were caused-in-fact by the flu vaccine. Despite these denials, the parties filed a joint stipulation on January 26, 2021, agreeing that compensation should be awarded. Chief Special Master Brian H. Corcoran reviewed the stipulation, found it reasonable, and adopted it as the decision. Mr. Nocille was awarded a lump sum of $195,000.00, payable by check to the Petitioner, as compensation for all items of damages available under Section 15(a) of the Vaccine Act. The public decision does not describe the onset of symptoms, specific clinical details, diagnostic tests, treatments, or expert witnesses. Theory of causation field: Petitioner Robert Nocille alleged that his January 3, 2018, influenza vaccination caused Guillain-Barre Syndrome (GBS). Respondent denied a Table injury and causation-in-fact. The parties filed a joint stipulation for compensation, which Chief Special Master Brian H. Corcoran found reasonable and adopted. The decision does not detail the specific theory of causation, medical experts, or evidence presented, as it was resolved by stipulation. The award was a lump sum of $195,000.00 for all damages under Section 15(a). Decision date: March 4, 2021. Petitioner's counsel: Jerry Allan Lindheim. Respondent's counsel: Christine Mary Becer. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_19-vv-00810-0 Date issued/filed: 2021-03-04 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 01/27/2021) regarding 29 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made. -------------------------------------------------------------------------------- Case 1:19-vv-00810-UNJ Document 30 Filed 03/04/21 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 19-810V UNPUBLISHED ROBERT NOCILLE, Chief Special Master Corcoran Petitioner, Filed: January 27, 2021 v. Special Processing Unit (SPU); Joint SECRETARY OF HEALTH AND Stipulation on Damages; Influenza HUMAN SERVICES, (Flu) Vaccine; Guillain-Barre Syndrome (GBS) Respondent. Jerry Allan Lindheim, Locks Law Firm, Philadelphia, PA, for petitioner. Christine Mary Becer, U.S. Department of Justice, Washington, DC, for respondent. DECISION ON JOINT STIPULATION1 On June 3, 2019, Robert Nocille 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 GBS as a result of his January 3, 2018 influenza (“flu”) vaccination. Petition at 1; Stipulation, filed at January 26, 2021, ¶¶ 2, 4. Petitioner further alleges the vaccine was administered within the United States, that he suffered the residual effects of his injury for more than six months, and that there has been no prior award or settlement of a civil action on his behalf as a result of his injury. Stipulation at ¶¶ 3-5; see Petition at ¶¶3, 18-19. “Respondent denies that petitioner sustained a GBS Table injury, denies that petitioner’s alleged GBS and residual effects were caused-in-fact by the flu vaccine; and denies that the influenza vaccine caused petitioner to suffer from GBS or any other injury.” Stipulation at ¶ 6. 1 Because this unpublished decision contains a reasoned explanation for the action in this case, I am 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). 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, I agree that the identified material fits within this definition, I 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 1:19-vv-00810-UNJ Document 30 Filed 03/04/21 Page 2 of 7 Nevertheless, on January 26, 2021, the parties filed the attached joint stipulation, stating that a decision should be entered awarding compensation. I find the stipulation reasonable and adopt it as my decision awarding damages, on the terms set forth therein. Pursuant to the terms stated in the attached Stipulation, I award the following compensation: A lump sum of $195,000.00 in the form of a check payable to Petitioner. Stipulation at ¶ 8. This amount represents compensation for all items of damages that would be available under Section 15(a). Id. I approve the requested amount for Petitioner’s compensation. In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of the court is directed to enter judgment in accordance with this decision.3 IT IS SO ORDERED. s/Brian H. Corcoran Brian H. Corcoran 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 1:19-vv-00810-UNJ Document 30 Filed 03/04/21 Page 3 of 7 Case 1:19-vv-00810-UNJ Document 30 Filed 03/04/21 Page 4 of 7 Case 1:19-vv-00810-UNJ Document 30 Filed 03/04/21 Page 5 of 7 Case 1:19-vv-00810-UNJ Document 30 Filed 03/04/21 Page 6 of 7 Case 1:19-vv-00810-UNJ Document 30 Filed 03/04/21 Page 7 of 7