VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_19-vv-01089 Package ID: USCOURTS-cofc-1_19-vv-01089 Petitioner: Pasquale DiMinno Filed: 2019-07-29 Decided: 2022-02-03 Vaccine: influenza Vaccination date: 2017-10-18 Condition: Guillain-Barré syndrome (GBS) and death Outcome: compensated Award amount USD: 275000 AI-assisted case summary: On July 29, 2019, Maria DiMinno, as the Personal Representative of the Estate of Pasquale DiMinno, filed a petition for compensation under the National Vaccine Injury Compensation Program. The petition alleged that Pasquale DiMinno suffered injuries, including Guillain-Barré syndrome (GBS) and death, following receipt of an influenza vaccine on October 18, 2017. The petitioner further alleged that the vaccine was administered in the United States and that Mr. DiMinno passed away as a result of his GBS. The respondent, the Secretary of Health and Human Services, denied that the vaccine caused Mr. DiMinno's alleged injuries or death. Despite the denial, the parties filed a joint stipulation for compensation on February 3, 2022. Chief Special Master Brian H. Corcoran found the stipulation reasonable and adopted it as his decision. Pursuant to the stipulation, a lump sum of $275,000.00 was awarded in the form of a check payable to Maria DiMinno, as the Personal Representative of the Estate of Pasquale DiMinno. This amount was designated as compensation for all items of damages available under Section 15(a) of the Vaccine Act. The decision notes that the case was an unpublished decision and that the petitioner had 14 days to identify and move to redact any information that would constitute an unwarranted invasion of privacy. The stipulation included representations from the petitioner that no civil action had been filed or compensation received for Mr. DiMinno's GBS, and that the vaccine was contained in the Vaccine Injury Table. The stipulation also stated that it represented a full and complete negotiated settlement of liability and damages, and that it was not an admission by the United States or the Secretary that the vaccine caused Mr. DiMinno's alleged injuries or death. Petitioner's counsel was Leah VaSahnja Durant, and respondent's counsel was Emilie Williams. The decision was issued by Chief Special Master Brian H. Corcoran. Theory of causation field: Petitioner Maria DiMinno, as Personal Representative of the Estate of Pasquale DiMinno, alleged that Pasquale DiMinno suffered Guillain-Barré syndrome (GBS) and death following receipt of an influenza vaccine on October 18, 2017. The vaccine is listed in the Vaccine Injury Table. The respondent denied causation. The parties reached a joint stipulation for compensation, and Chief Special Master Brian H. Corcoran awarded $275,000.00 to the estate. The stipulation stated that the parties agreed to settle the issues and that a decision awarding compensation should be entered. The award represents compensation for all damages available under 42 U.S.C. § 300aa-15(a). The stipulation was not an admission of causation by the respondent. Petitioner's counsel was Leah VaSahnja Durant, and respondent's counsel was Emilie Williams. The decision date was February 3, 2022. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_19-vv-01089-0 Date issued/filed: 2022-03-09 Pages: 8 Docket text: PUBLIC DECISION (Originally filed: 02/03/2022) regarding 37 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made. -------------------------------------------------------------------------------- Case 1:19-vv-01089-UNJ Document 42 Filed 03/09/22 Page 1 of 8 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 19-1089V UNPUBLISHED MARIA DIMINNO, as Personal Chief Special Master Corcoran Representative of the Estate of PASQUALE DIMINNO, Filed: February 3, 2022 Petitioner, Special Processing Unit (SPU); Joint v. Stipulation on Damages; Influenza (Flu) Vaccine; Guillain-Barre SECRETARY OF HEALTH AND Syndrome (GBS) HUMAN SERVICES, Respondent. Leah VaSahnja Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC, for Petitioner. Emilie Williams, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON JOINT STIPULATION1 On July 29, 2019, Maria DiMinno, as the Personal Representative of the Estate of her husband Pasquale DiMinno, 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 her husband Pasquale DiMinno suffered injuries, including Guillain-Barré syndrome (“GBS”) and death, following the receipt of the influenza (“flu”) vaccine he received on October 18, 2017. Petition at 1, ¶¶ 1, 5; Stipulation, filed at Feb. 3, 2022, ¶¶ 1-2, 4. Petitioner further alleges her husband received the vaccine in the United States, that he passed away as a result of his GBS, and that no party has filed a civil action or received compensation for Mr. DiMinno’s GBS. Petition at ¶¶ 1, 5-7; 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 section references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. § 300aa (2012). Case 1:19-vv-01089-UNJ Document 42 Filed 03/09/22 Page 2 of 8 Stipulation at ¶¶ 3-5. “Respondent denies that the vaccine caused Mr. DiMinno to develop any of the alleged injuries, any other injury or condition, or his death.” Stipulation at ¶ 6. Nevertheless, on February 3, 2022, 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 $275,000.00 in the form of a check payable to Petitioner, as the Personal Representative of the Estate of Pasquale DiMinno. 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 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-01089-UNJ Document 42 Filed 03/09/22 Page 3 of 8 . 7 IN THE UNITED Sl'Atl:S COUllT·OF FEDltRAL CLAIMS OfflCE OJI' SPECIAL MASDRS MARIA DIMINNO. as Personal ) Representative oftbe Estate of Pasquale ) DiMinno, ) ) Petitioner, ) No. 19-l089V ) Chief Special Master Corwran ~ ) ECF > SECRm"ARY OPHEALffl AND ) HUMAN SERVICES, ) ) Respoodem. ) STitJJLATIQN 1r.1lre pities 11riem,y·51ipulate to die iJIJcNiog.nllRtis 1. Petitioner, Maria DiMintto; as Personal Representative oft he Estate of Pasquale uma-1he DiMiono.., ~ a petition fotvaa:ioe compemalion National Vacciue Injury Co,n~on Program, 42 U.S.C. § 300tla-10 to 34 (the "Vaccine Program") on July 29, 201'9. Thepdidoo.~ ~ for .iqjutit:s leading fo die dc:alhof Patquale DiNiwo {'Ve~ -~") allegedly reJmd 1D his receipt of an inffuenza r,1uj vaccine, which vaccine is , . contained in the Vaccine Injury Table (the "Table"), 42 C.F.R. § 100.3 (a). ' 2. Mr. D.iMhmo n:cdved 1he "\lBCCUIB on or about October IS, 2017. 3. The vaccine was administered within the United States. 4. Thepd.itbudleps6a1thtla.wocimC8Wlll?d Mr. DiMomo to mdnGBill "40 Barre Syndrome (''GBS"), which ultimately caused his ~eath. 5. Petitiooek apmsmlS that there bas been no prior award or sett1e,mept of a cml ~on for damages on Mr. DiMinno•s beh~ or on ~half ofM r. DiMjnno's esutte, u a result .. 1. Case 1:19-vv-01089-UNJ Document 42 Filed 03/09/22 Page 4 of 8 of Mr. DiMinno's alleged injury or death. alleged injuries, any other injury OJ: condition, or his death. issues between them shall be settled and that a decision should be entered awarding the cumrpo,IAftMl clesmbed in paragpq,b. 8 oft is Sdpu1atioo. 8. As soon as practicable after an entry ofj udgment reflecting a decision consistent with the terms of this Stipulation, and after petitioner bas filed an election to receive compeasacion )Jlll'SQ8Dtto 42 U.S.C. § 300aa-2J (a)(J). tbe ~ ofHeallh and Human Services will issue the following vaccine compensation payment: .Allump!lllllm.of~in1hehm.ofaclai:p!tJBbkto~as]lqd ~Ilel l!ft ffiDe esfJldc~D .ilMinmlo. 'This 8DlDIDl 1epee,'lh compensation for all damages that would be available under 42 U.S.C. § 300aa- 15(a). after petitioner has filed both a proper and timely election to receive compensation pursuant to before the special master to award reasonable attorneys' fees and cost.s incui:red in proceeding 10. Petitioner and petitioner's attorney represent that oo~tion to be provided pursuant to this Stipulation is not for any items or semces for whfoh-the Progllm'l is not pi111Mdy Jiablle 11111Ckr42 u.s.c. § JOOaa-1.S{g),, to dJe exlalt 1bal ~ -ban 111118 C!I' can reasonably be expected to be ntade Ulldcr 1111y _State compensation progt1mlS, insurance or poli~ Fedelal Stateheallh benefits ~ugaams (odn:1han TitleXIX oft he Social Sewrity Case 1:19-vv-01089-UNJ Document 42 Filed 03/09/22 Page 5 of 8 Act (4 2 U .S.C. § 1396 et seq.)), or by entities that provide health services on a pre~paid basis, ad~dnattdizyhn~to~ail.iOO'ti11119IOlll!lt"aof~bmlem!or services for which the Program is not primarily liable under 42 U.S.C. § 300aa-15(g). 11. Payme:ntmad.e pomuaot1D pamgtsphS and any amounts ammled pumvant 1D paragraph 9 of this Stlpulation will be made in accordance with 42 U.S.C. § 300aa-15{i), ~••a tiR1labi61y of: sufliclat&lalDfoly finis.. 12. Petitioner represents that petitioner presendy iS', or within 90 days oft he date of judgment will become, duly authorized to serve as the legal representative of Pasquale DiMiooo's estate UDder the laws of-the Slate ofFlorlda. No paymmts pm:uaorto this Stipulation shall be made until petitioner provides the Secretary with documentation petitioner is not authorized by a court of competent jurisdiction to serve as legal representative of1 bc aate ofJ'515qUHJe DiMiano atU,e 1ime a payment pmsuant 1D this Stipulalion.is to be made, any such payment shall be paid to the party or parties appointed by a comt of competent jurisdiction to serve as legal representative of the estate of Pasquale DiMinno upon submission 13. In return for the payments described in paragraphs 8 and 9, petitioner, in DiMinno, on petitioner's own behalf and on behalf of the estate and Mr. DiMinno's heirs, release, acqnit and disc:harge the United States and 1he Secrelary ofHeaJfh and Human Services from any and all actions or causes of action (including agreements, judgnlents, claims, damages,. Joss of~ CCS. ~ aud.ai1 demaods ofw baeeftl' kind ornatum) that.haw -3- Case 1:19-vv-01089-UNJ Document 42 Filed 03/09/22 Page 6 of 8 been brought, could have been brought, or could be timely brought in the United States Court ofFedeml CilainumB,, 1llllllfet-1the N~V allCCi!me liijJmy Oump~iuwioo~ 42 U.S..C. § 300aa-10 et seq., on account of, or in any way growing out of, any and all known or unknown, sospectEd or unsus_pccted ~ injum:s to« death.o fM r. DiMiono resulting~ or I' : ~ t alleged to have resulted from, the vaccination as alleged by petitioner in a petition for vaccine petition No. l9-1089V. 14. If the special master fails to issue a decision in complete conformity with the terms oonformity with a decision that is in complete conformity with the terms of this Stipulation, 1flhm.1ll=pmr:11iet 51eldemead:armdtis SdpulalliommaD.he1'l1idableat.1hesote~adll!eli party. 15. This S'lipulalion expes.,a a fbD. and comp1de negotiak:d &ettJement ofliabilif:y and damages claimed under the National C1n1dhood Vaccine Injury Act of 1986, as amended, except as otherwise noted in paragraph 9 above. There is absolutely no agreement on the part expressly stated and clearly agreed to. The parties further agree and unders1Bnd that the award daaihedin this Stipo)alio.nxoay n:flscta. wmpmmise oft he parties' respecti-ve positi.ODS as to liability and/or amount of ~es, and further, that a change in the items of compensation aw~ mq,bt,,is not grounds tomodi:lyor111msedus 16. This Stipulation shall not be oomtrued as an admission by the United States or the Secretary of Health and Human Services that the vaccine caused :Mr. DiMinno's alleged -4- Case 1:19-vv-01089-UNJ Document 42 Filed 03/09/22 Page 7 of 8 17. All rights and obligations of petitioner hereunder shall apply equally to mpm; pedaimcr'sllcfum,, em