VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-01761 Package ID: USCOURTS-cofc-1_20-vv-01761 Petitioner: Christyne Ruffolo Filed: 2020-12-04 Decided: 2024-05-29 Vaccine: influenza Vaccination date: 2019-11-20 Condition: Guillain-Barré syndrome Outcome: compensated Award amount USD: 163855.27 AI-assisted case summary: Christyne Ruffolo, an adult, received an influenza vaccine on November 20, 2019. She filed a petition for compensation on December 4, 2020, alleging that she suffered from Guillain-Barré syndrome (GBS) as a result of the vaccine and experienced residual effects for more than six months. Respondent denied that the flu vaccine caused her GBS or any other injury, and denied that her condition was a sequela of a vaccine-related injury. Despite these denials, the parties filed a joint stipulation agreeing to settle the case and award compensation. Chief Special Master Corcoran adopted the stipulation as her decision. Ms. Ruffolo was awarded a total of $163,855.27, which included a lump sum of $160,435.49 for first-year life care expenses, lost earnings, pain and suffering, and past unreimbursable expenses. Additionally, $3,419.77 was awarded to reimburse a lien for services rendered to Petitioner by Anthem NV Medicaid. The stipulation also provided for an annuity contract to cover future life care expenses, including Medicare Part B premiums, Medigap expenses, and other medical costs, with payments increasing annually. The case was resolved via stipulation, with the award reflecting a compromise of the parties' positions. Theory of causation field: Table Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_20-vv-01761-0 Date issued/filed: 2024-07-01 Pages: 10 Docket text: PUBLIC DECISION (Originally filed: 05/29/2024) regarding 71 DECISION Stipulation/Proffer ( Signed by Chief Special Master Brian H. Corcoran. )(mpj) Service on parties made. -------------------------------------------------------------------------------- Case 1:20-vv-01761-UNJ Document 75 Filed 07/01/24 Page 1 of 10 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 20-1761V CHRISTYNE RUFFOLO, Chief Special Master Corcoran Petitioner, v. Filed: May 29, 2024 SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Ronald Craig Homer, Conway, Homer, P.C., Boston, MA, for Petitioner. Sarah Christina Duncan, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON JOINT STIPULATION1 On December 4, 2020, Christyne Ruffolo filed a petition for compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. § 300aa-10, et seq.2 (the “Vaccine Act”). On November 20, 2019, Petitioner received an influenza (“flu”) vaccine, which vaccine is contained in the Vaccine Injury Table (the “Table”), 42 C.F.R. § 100.3(a). Petitioner alleges that she suffered from Guillain-Barré syndrome (“GBS”) as a result of the flu vaccine, and that she experienced the residual effects of this condition for more than six months. Respondent denies that Petitioner sustained a GBS Table injury; denies that the flu vaccine caused Petitioner’s alleged GBS or any other injury; and denies that her current condition is a sequela of a vaccine-related injury. 1 Because this Decision contains a reasoned explanation for the action taken in this case, it must be made publicly accessible and will be posted on the United States Court of Federal Claims' website, and/or at https://www.govinfo.gov/app/collection/uscourts/national/cofc, in accordance with the E-Government Act of 2002. 44 U.S.C. § 3501 note (2018) (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 1:20-vv-01761-UNJ Document 75 Filed 07/01/24 Page 2 of 10 Nevertheless, on May 28, 2024, 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. A lump sum of $160,435.49, which amount represents compensation for first year life care expenses ($5,435.49), and combined lost earnings, pain and suffering, and past unreimbursable expenses ($155,000.00) in the form of a check payable to Petitioner. B. A lump sum of $3,419.77, which amount represents reimbursement of a lien for services rendered to Petitioner, in the form of a check payable jointly to Petitioner and Anthem NV Medicaid: Anthem NV Medicaid ATTN: Joan Kussard, Subrogation Analyst P.O. Box 659940 San Antonio, TX 78265-9939 File No.: 130312421 Petitioner agrees to endorse this check to Anthem NV Medicaid. C. An amount sufficient to purchase the annuity contract described in paragraph 10 of the stipulation, paid to the life insurance company from which the annuity will be purchased (the “Life Insurance Company”). These amounts represent compensation for all items of damages that would be available under Section 15(a). Stipulation at ¶ 8. 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 1:20-vv-01761-UNJ Document 75 Filed 07/01/24 Page 3 of 10 IN THE UNITED ST ATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS ) CHRISTYNE RUFFOLO, ) ) Petitioner, ) ) No.20-1761V V. ) Chief Special Master Corcoran ) ECF SECRETARY OF HEALTH AND HUMAN ) SERVICES, ) ) Respondent. ) _______________ ) STIPULATION The parties hereby stipulate to the following matters: 1. Christyne Ruffolo, petitioner, filed a petition for vaccine compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. §§ 300aa-10 to -34 (the "Vaccine Program"). The petition seeks compensation for injuries allegedly related to petitioner's receipt of an influenza ("flu") vaccine, which vaccine is contained in the Vaccine Injury Table (the "Table"), 42 C.F.R. § 100.3 (a). 2. Petitioner received her flu vaccination on November 20, 2019. 3. The vaccination was administered within the United States. 4. Petitioner alleges that she suffered from Guillain Barre Syndrome ("GBS") as a result of the flu vaccine, and that she experienced the residual effects of this condition for more than six months. 5. Petitioner represents that there has been no prior award or settlement of a civil action for damages on her behalf as a result of her condition. Case 1:20-vv-01761-UNJ Document 75 Filed 07/01/24 Page 4 of 10 6. Respondent denies that petitioner sustained a OBS Table injury; denies that the flu vaccine caused petitioner's alleged OBS or any other injury; and denies that her current condition is a sequela of a vaccine-related injury. 7. 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 this Stipulation. 8. As soon as practicable after an entry ofj udgment reflecting a decision consistent with the terms of this Stipulation, and after petitioner has filed an election to receive compensation pursuant to 42 U.S.C. § 300aa-21(a)(l), the Secretary of Health and Human Services will issue the following vaccine compensation payments: a. A lump sum of $160,435.49, which amount represents compensation for first year life care expenses ($5,435.49), and combined lost earnings, pain and suffering, and past unreirnbursable expenses ($155,000.00), in the form of a check payable to petitioner; b. A lump sum of $3,419.771 which amount represents reimbursement of a lien for services rendered to petitioner, in the form of a check payable jointly to petitioner and Anthem NV Medicaid: Anthem NV Medicaid Attn: Joan Kussard, Subrogation Analyst P.O. Box 659940 San Antonio, TX 78265-9939 File No.: 130312421 Petitioner agrees to endorse this check to Anthem NV Medicaid. c. An amount sufficient to purchase the annuity contract described in paragraph 10 below, paid to the life insurance company from which the annuity will be purchased (the "Life Insurance Company"). 1 This amount represents full satisfaction of any right of subrogation, assignment, claim, lien, or cause of action that Anthem NV Medicaid may have against any individual as a result of any Medicaid payments made to or on behalf ofChristyne Ruffolo as a result of her alleged vaccine related injury suffered on or about November 20, 2019, under Title XIX of the Social Security Act. See 42 U.S.C. § 300aa-15(g),(h). 2 Case 1:20-vv-01761-UNJ Document 75 Filed 07/01/24 Page 5 of 10 These amounts represent compensation for all damages that would be available under 42 U.S.C. §300aa-15(a). 9. The Life Insurance Company must have a minimum of $250,000,000 capital and surplus, exclusive of any mandatory security valuation reserve. The Life Insurance Company must have one of the following ratings from two of the following rating organizations: a. A.M. Best Company: A++, A+, A+g, A+p, A+r, or A+s; b. Moody's Investor Service Claims Paying Rating: Aa3, Aa2, Aal, or Aaa; c. Standard and Poor's Corporation Insurer Claims-Paying Ability Rating: AA-, AA, AA+, or AAA; d. Fitch Credit Rating Company, Insurance Company Claims Paying Ability Rating: AA-, AA, AA+, or AAA. 10. The Secretary of Health and Human Services agrees to purchase an annuity contract from the Life Insurance Company for the benefit of petitioner, Christyne Ruffolo, pursuant to which the Life Insurance Company will agree to make payments periodically to petitioner as follows for the following life care items available under 42 U.S.C. §300aa-15(a). a. For future unreimbursable Medicare Part B Premium expenses, beginning on the first anniversary of the date ofj udgment, an annual amount of $2,096.40 to be paid up to the anniversary of the date of judgment in year 2053, increasing at the rate of three percent (3 % ), compounded annually from the date of judgment. b. For future unreimbursable Medigap expenses, beginning on the first anniversary of1 he date of judgment, an annual amount of $1,592.64 to be paid for the remainder of petitioner's life, increasing at the rate of three percent (3 % ), compounded annually from the date of judgment. c. For future unreimbursable Medicare Part B Deductible, Shower Chair, Handheld Shower, Motorized Scooter, Scooter Maintenance, and Scooter Battery expenses, beginning on the first anniversary of the date ofj udgment, an annual amount of $590.55 to be paid for the remainder of petitioner's life, increasing at the rate of three percent (3%), compounded annually from the date of judgment. 3 Case 1:20-vv-01761-UNJ Document 75 Filed 07/01/24 Page 6 of 10 At the sole discretion of the Secretary of Health and Human Services, the periodic payments set forth in paragraph 10 above may be provided to petitioner in monthly, quarterly, annual or other installments. The "annual amounts" set forth above describe only the total yearly sum to be paid to petitioner and do not require that the payment be made in one annual installment. Petitioner will continue to receive the annuity payments from the Life Insurance Company only so long as she, Christyne Ruffolo, is alive at the time that a particular payment is due. Written notice shall be provided to the Secretary of Health and Human Services and the Life Insurance Company within twenty (20) days of Christyne Ruffolo's death. 11. The annuity contract will be owned solely and exclusively by the Secretary of Health and Human Services and will be purchased as soon as practicable following the entry of a judgment in conformity with this Stipulation. The parties stipulate and agree that the Secretary of Health and Human Services and the United States of America are not responsible for the payment of any sums other than the amounts set forth in paragraph 8 herein and the amounts awarded pursuant to paragraph 13 herein, and that they do not guarantee or insure any of the future annuity payments. Upon the purchase of the annuity contract, the Secretary of Health and Human Services and the United States of America are released from any and all obligations with respect to future annuity payments. 12. The parties stipulate and agree that the annuity payments cannot be assigned, accelerated, deferred, increased, or decreased by the parties and that no part of any annuity payments called for herein, nor any assets of the United States or the annuity company, are subject to execution or any legal process for any obligation in any manner. Petitioner and her heirs, executors, administrators, successors, and assigns do hereby agree that they have no power or right to sell, assign, mortgage, encumber, or anticipate said annuity payments, or any part 4 Case 1:20-vv-01761-UNJ Document 75 Filed 07/01/24 Page 7 of 10 thereof, by assignment or otherwise, and further agree that they will not sell, assign, mortgage, encumber, or anticipate said annuity payments, or any part thereof, by assignment or otherwise. 13. As soon as practicable after the entry of judgment on entitlement in this case, and after petitioner has filed both a proper and timely election to receive compensation pursuant to 42 U.S.C. § 300aa-21(a)(l), and an application, the parties will submit to further proceedings before the special master to award reasonable attorneys' fees and costs incurred in proceeding upon this petition. 14. Petitioner and her attorney represent that they have identified to respondent all known sources of payment for items or services for which the Program is not primarily liable under 42 U.S.C. § 300aa-15(g), including State compensation programs, insurance policies, Federal or State health benefits programs (o ther than Title XIX of the Social Security Act ( 42 U.S.C. § 1396 et seq.)), or entities that provide health services on a pre-paid basis. 15. Payments made pursuant to paragraph 8 and any amounts awarded pursuant to paragraph 13 of this Stipulation will be made in accordance with 42 U.S.C. § 300aa-15(i), subject to the availability of sufficient statutory funds. 16. The parties and their attorneys further agree and stipulate that, except for any award for attorneys' fees and litigation costs, and past unreimbursable expenses, the money provided pursuant to this Stipulation either immediately or as part of the annuity contract, will be used solely for petitioner's benefit as contemplated by a strict construction of 42 U.S.C. §§ 300aa l 5(a) and (d), and subject to the conditions of 42 U.S.C. §§ 300aa-15(g) and (h). 17. In return for the payments described in paragraphs 8 and 13, petitioner, in her individual capacity, and on behalf of her heirs, executors, administrators, successors or assigns, does forever irrevocably and unconditionally release, acquit and discharge the United States and 5 Case 1:20-vv-01761-UNJ Document 75 Filed 07/01/24 Page 8 of 10 the Secretary of Health and Human Services from any and all actions or causes of action (including agreements, judgments, claims, damages, loss of services, expenses and all demands of whatever kind or nature) that have been brought, could have been brought, or could be timely brought in the Court of Federal Claims, under the National Vaccine Injury Compensation Program, 42 U.S.C. § 300aa-10 et seq., on account of, or in any way growing out of, any and all known or unknown, suspected or unsuspected personal injuries to or death of petitioner resulting from, or alleged to have resulted from, the flu vaccination administered on November 20, 2019, as alleged by petitioner in a petition for vaccine compensation filed on or about December 4, 2020, in the United States Court of Federal Claims as petition No. 20-1761 V. 18. If petitioner should die prior to entry of judgment, this agreement shall be voidable upon proper notice to the Court on behalf of either or both of the parties. 19. If the special master fails to issue a decision in complete conformity with the terms of this Stipulation or if the Court of Federal Claims fails to enter judgment in conformity with a decision that is in complete conformity with the terms of this Stipulation, then the parties' settlement and this Stipulation shall be voidable at the sole discretion of either party. 20. This Stipulation expresses a full and complete negotiated settlement of liability and damages claimed under the National Childhood Vaccine Injury Act of 1986, as amended, except as otherwise noted in paragraph 13 above. There is absolutely no agreement on the part of the parties hereto to make any payment or to do any act or thing other than is herein expressly stated and clearly agreed to. The parties further agree and understand that the award described in this Stipulation may reflect a compromise of the parties' respective positions as to liability and/or amount of damages, and further, that a change in the nature of the injury or condition or in the items of compensation sought, is not grounds to modify or revise this agreement. 6 Case 1:20-vv-01761-UNJ Document 75 Filed 07/01/24 Page 9 of 10 21. Petitioner hereby authorizes respondent to disclose documents filed by petitioner in this case consistent with the Privacy Act and the routine uses described in the National Vaccine Injury Compensation Program System of Records, No. 09-15-0056. 22. This Stipulation shall not be construed as an admission by the United States or the Secretary of Health and Human Services that the flu vaccine caused petitioner's alleged OBS or any other injury or her current condition. 23. All rights and obligations of petitioner hereunder shall apply equally to petitioner's heirs, executors, administrators, successors, and/or assigns. END OF STIPULATION I I I I I I 7 Case 1:20-vv-01761-UNJ Document 75 Filed 07/01/24 Page 10 of 10 Respectfully submitted, PETITIONER: ATTORNEY OF RECORD FOR AUTHORIZED REPRESENTATIVE PETITIONER: OF THE ATTORNEY GENERAL: t f\Mal)_ HvM-U ~ CJ«ott,,.r< C~ ~,.de --M-t ~\tf?c,u.M&::::- 8-3J(l)C2) RONALDc .fIOMER, ESQ. HEATHER L. PEARLMAN JOSEPH PEPPER, ESQ. Deputy Director Conway Homer P.C. Torts Branch 16 Shawmut Street Civil Division Boston, MA 02116 U.S. Department of Justice Tel: (617) 695-1990 P.O. Box 146 Email: rhomer@ccandh.com Benjamin Franklin Station Washington, DC 20044-0146 AUTHORIZED REPRESENTATIVE ATTORNEY OF RECORD FOR OF THE SECRETARY OF HEALTH RESPONDENT: AND HUMAN SERVICES: s. Jeffrey Olgltally signed by Jeffrey S. Beach -5 Be ac h -S _ Date:2024.05.16 14:59:02--04'00' for CDR GEORGE REED GRIMES, MD, MPH SARAH C. DUNCAN Director, Division of Injury Trial Attorney Compensation Programs Torts Branch Health Systems Bureau Civil Division Health Resources and Services U.S. Department of Justice Administration P.O. Box 146 U.S. Department of Health Benjamin Franklin Station and Human Services Washington, DC 20044-0146 5600 Fishers Lane, 08W-25A Tel: (202) 514-9729 Rockville, MD 20857 Email: Sarah.C.Duncan@usdoj.gov 8 ================================================================================ DOCUMENT 2: USCOURTS-cofc-1_20-vv-01761-cl-extra-10734871 Date issued/filed: 2024-07-01 Pages: 1 Docket text: Supplementary opinion from CourtListener cluster 10268281 -------------------------------------------------------------------------------- In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 20-1761V CHRISTYNE RUFFOLO, Chief Special Master Corcoran Petitioner, v. Filed: May 29, 2024 SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Ronald Craig Homer, Conway, Homer, P.C., Boston, MA, for Petitioner. Sarah Christina Duncan, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON JOINT STIPULATION1 On December 4, 2020, Christyne Ruffolo filed a petition for compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. § 300aa-10, et seq.2 (the “Vaccine Act”). On November 20, 2019, Petitioner received an influenza (“flu”) vaccine, which vaccine is contained in the Vaccine Injury Table (the “Table”), 42 C.F.R. § 100.3(a). Petitioner alleges that she suffered from Guillain-Barré syndrome (“GBS”) as a result of the flu vaccine, and that she experienced the residual effects of this condition for more than six months. Respondent denies that Petitioner sustained a GBS Table injury; denies that the flu vaccine caused Petitioner’s alleged GBS or any other injury; and denies that her current condition is a sequela of a vaccine-related injury. 1 Because this Decision contains a reasoned explanation for the action taken in this case, it must be made publicly accessible and will be posted on the United States Court of Federal Claims' website, and/or at https://www.govinfo.gov/app/collection/uscourts/national/cofc, in accordance with the E-Government Act of 2002. 44 U.S.C. § 3501 note (2018) (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). Nevertheless, on May 28, 2024, 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. A lump sum of $160,435.49, which amount represents compensation for first year life care expenses ($5,435.49), and combined lost earnings, pain and suffering, and past unreimbursable expenses ($155,000.00) in the form of a check payable to Petitioner. B. A lump sum of $3,419.77, which amount represents reimbursement of a lien for services rendered to Petitioner, in the form of a check payable jointly to Petitioner and Anthem NV Medicaid: Anthem NV Medicaid ATTN: Joan Kussard, Subrogation Analyst P.O. Box 659940 San Antonio, TX 78265-9939 File No.: 130312421 Petitioner agrees to endorse this check to Anthem NV Medicaid. C. An amount sufficient to purchase the annuity contract described in paragraph 10 of the stipulation, paid to the life insurance company from which the annuity will be purchased (the “Life Insurance Company”). These amounts represent compensation for all items of damages that would be available under Section 15(a). Stipulation at ¶ 8. 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 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS ) CHRISTYNE RUFFOLO, ) ) Petitioner, ) ) No.20-1761V V. ) Chief Special Master Corcoran ) ECF SECRETARY OF HEALTH AND HUMAN ) SERVICES, ) ) Respondent. ) _______________ ) STIPULATION The parties hereby stipulate to the following matters: 1. Christyne Ruffolo, petitioner, filed a petition for vaccine compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. §§ 300aa-10 to -34 (the "Vaccine Program"). The petition seeks compensation for injuries allegedly related to petitioner's receipt of an influenza ("flu") vaccine, which vaccine is contained in the Vaccine Injury Table (the "Table"), 42 C.F.R. § 100.3 (a). 2. Petitioner received her flu vaccination on November 20, 2019. 3. The vaccination was administered within the United States. 4. Petitioner alleges that she suffered from Guillain Barre Syndrome ("GBS") as a result of the flu vaccine, and that she experienced the residual effects of this condition for more than six months. 5. Petitioner represents that there has been no prior award or settlement of a civil action for damages on her behalf as a result of her condition. 6. Respondent denies that petitioner sustained a OBS Table injury; denies that the flu vaccine caused petitioner's alleged OBS or any other injury; and denies that her current condition is a sequela of a vaccine-related injury. 7. 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 this Stipulation. 8. As soon as practicable after an entry ofjudgment reflecting a decision consistent with the terms of this Stipulation, and after petitioner has filed an election to receive compensation pursuant to 42 U.S.C. § 300aa-21(a)(l), the Secretary of Health and Human Services will issue the following vaccine compensation payments: a. A lump sum of $160,435.49, which amount represents compensation for first year life care expenses ($5,435.49), and combined lost earnings, pain and suffering, and past unreirnbursable expenses ($155,000.00), in the form of a check payable to petitioner; b. A lump sum of $3,419.77 1 which amount represents reimbursement of a lien for services rendered to petitioner, in the form of a check payable jointly to petitioner and Anthem NV Medicaid: Anthem NV Medicaid Attn: Joan Kussard, Subrogation Analyst P.O. Box 659940 San Antonio, TX 78265-9939 File No.: 130312421 Petitioner agrees to endorse this check to Anthem NV Medicaid. c. An amount sufficient to purchase the annuity contract described in paragraph 10 below, paid to the life insurance company from which the annuity will be purchased (the "Life Insurance Company"). 1 This amount represents full satisfaction of any right of subrogation, assignment, claim, lien, or cause of action that Anthem NV Medicaid may have against any individual as a result of any Medicaid payments made to or on behalf ofChristyne Ruffolo as a result of her alleged vaccine- related injury suffered on or about November 20, 2019, under Title XIX of the Social Security Act. See 42 U.S.C. § 300aa-15(g),(h). 2 These amounts represent compensation for all damages that would be available under 42 U.S.C. §300aa-15(a). 9. The Life Insurance Company must have a minimum of $250,000,000 capital and surplus, exclusive of any mandatory security valuation reserve. The Life Insurance Company must have one of the following ratings from two of the following rating organizations: a. A.M. Best Company: A++, A+, A+g, A+p, A+r, or A+s; b. Moody's Investor Service Claims Paying Rating: Aa3, Aa2, Aal, or Aaa; c. Standard and Poor's Corporation Insurer Claims-Paying Ability Rating: AA-, AA, AA+, or AAA; d. Fitch Credit Rating Company, Insurance Company Claims Paying Ability Rating: AA-, AA, AA+, or AAA. 10. The Secretary of Health and Human Services agrees to purchase an annuity contract from the Life Insurance Company for the benefit of petitioner, Christyne Ruffolo, pursuant to which the Life Insurance Company will agree to make payments periodically to petitioner as follows for the following life care items available under 42 U.S.C. §300aa-15(a). a. For future unreimbursable Medicare Part B Premium expenses, beginning on the first anniversary of the date ofjudgment, an annual amount of $2,096.40 to be paid up to the anniversary of the date of judgment in year 2053, increasing at the rate of three percent (3 %), compounded annually from the date of judgment. b. For future unreimbursable Medigap expenses, beginning on the first anniversary of 1he date of judgment, an annual amount of $1,592.64 to be paid for the remainder of petitioner's life, increasing at the rate of three percent (3 % ), compounded annually from the date of judgment. c. For future unreimbursable Medicare Part B Deductible, Shower Chair, Handheld Shower, Motorized Scooter, Scooter Maintenance, and Scooter Battery expenses, beginning on the first anniversary of the date ofjudgment, an annual amount of $590.55 to be paid for the remainder of petitioner's life, increasing at the rate of three percent (3%), compounded annually from the date of judgment. 3 At the sole discretion of the Secretary of Health and Human Services, the periodic payments set forth in paragraph 10 above may be provided to petitioner in monthly, quarterly, annual or other installments. The "annual amounts" set forth above describe only the total yearly sum to be paid to petitioner and do not require that the payment be made in one annual installment. Petitioner will continue to receive the annuity payments from the Life Insurance Company only so long as she, Christyne Ruffolo, is alive at the time that a particular payment is due. Written notice shall be provided to the Secretary of Health and Human Services and the Life Insurance Company within twenty (20) days of Christyne Ruffolo's death. 11. The annuity contract will be owned solely and exclusively by the Secretary of Health and Human Services and will be purchased as soon as practicable following the entry of a judgment in conformity with this Stipulation. The parties stipulate and agree that the Secretary of Health and Human Services and the United States of America are not responsible for the payment of any sums other than the amounts set forth in paragraph 8 herein and the amounts awarded pursuant to paragraph 13 herein, and that they do not guarantee or insure any of the future annuity payments. Upon the purchase of the annuity contract, the Secretary of Health and Human Services and the United States of America are released from any and all obligations with respect to future annuity payments. 12. The parties stipulate and agree that the annuity payments cannot be assigned, accelerated, deferred, increased, or decreased by the parties and that no part of any annuity payments called for herein, nor any assets of the United States or the annuity company, are subject to execution or any legal process for any obligation in any manner. Petitioner and her heirs, executors, administrators, successors, and assigns do hereby agree that they have no power or right to sell, assign, mortgage, encumber, or anticipate said annuity payments, or any part 4 thereof, by assignment or otherwise, and further agree that they will not sell, assign, mortgage, encumber, or anticipate said annuity payments, or any part thereof, by assignment or otherwise. 13. As soon as practicable after the entry of judgment on entitlement in this case, and after petitioner has filed both a proper and timely election to receive compensation pursuant to 42 U.S.C. § 300aa-21(a)(l), and an application, the parties will submit to further proceedings before the special master to award reasonable attorneys' fees and costs incurred in proceeding upon this petition. 14. Petitioner and her attorney represent that they have identified to respondent all known sources of payment for items or services for which the Program is not primarily liable under 42 U.S.C. § 300aa-15(g), including State compensation programs, insurance policies, Federal or State health benefits programs (other than Title XIX of the Social Security Act (42 U.S.C. § 1396 et seq.)), or entities that provide health services on a pre-paid basis. 15. Payments made pursuant to paragraph 8 and any amounts awarded pursuant to paragraph 13 of this Stipulation will be made in accordance with 42 U.S.C. § 300aa-15(i), subject to the availability of sufficient statutory funds. 16. The parties and their attorneys further agree and stipulate that, except for any award for attorneys' fees and litigation costs, and past unreimbursable expenses, the money provided pursuant to this Stipulation either immediately or as part of the annuity contract, will be used solely for petitioner's benefit as contemplated by a strict construction of 42 U.S.C. §§ 300aa- l 5(a) and (d), and subject to the conditions of 42 U.S.C. §§ 300aa-15(g) and (h). 17. In return for the payments described in paragraphs 8 and 13, petitioner, in her individual capacity, and on behalf of her heirs, executors, administrators, successors or assigns, does forever irrevocably and unconditionally release, acquit and discharge the United States and 5 the Secretary of Health and Human Services from any and all actions or causes of action (including agreements, judgments, claims, damages, loss of services, expenses and all demands of whatever kind or nature) that have been brought, could have been brought, or could be timely brought in the Court of Federal Claims, under the National Vaccine Injury Compensation Program, 42 U.S.C. § 300aa-10 et seq., on account of, or in any way growing out of, any and all known or unknown, suspected or unsuspected personal injuries to or death of petitioner resulting from, or alleged to have resulted from, the flu vaccination administered on November 20, 2019, as alleged by petitioner in a petition for vaccine compensation filed on or about December 4, 2020, in the United States Court of Federal Claims as petition No. 20-1761 V. 18. If petitioner should die prior to entry of judgment, this agreement shall be voidable upon proper notice to the Court on behalf of either or both of the parties. 19. If the special master fails to issue a decision in complete conformity with the terms of this Stipulation or if the Court of Federal Claims fails to enter judgment in conformity with a decision that is in complete conformity with the terms of this Stipulation, then the parties' settlement and this Stipulation shall be voidable at the sole discretion of either party. 20. This Stipulation expresses a full and complete negotiated settlement of liability and damages claimed under the National Childhood Vaccine Injury Act of 1986, as amended, except as otherwise noted in paragraph 13 above. There is absolutely no agreement on the part of the parties hereto to make any payment or to do any act or thing other than is herein expressly stated and clearly agreed to. The parties further agree and understand that the award described in this Stipulation may reflect a compromise of the parties' respective positions as to liability and/or amount of damages, and further, that a change in the nature of the injury or condition or in the items of compensation sought, is not grounds to modify or revise this agreement. 6 21. Petitioner hereby authorizes respondent to disclose documents filed by petitioner in this case consistent with the Privacy Act and the routine uses described in the National Vaccine Injury Compensation Program System of Records, No. 09-15-0056. 22. This Stipulation shall not be construed as an admission by the United States or the Secretary of Health and Human Services that the flu vaccine caused petitioner's alleged OBS or any other injury or her current condition. 23. All rights and obligations of petitioner hereunder shall apply equally to petitioner's heirs, executors, administrators, successors, and/or assigns. END OF STIPULATION I I I I I I 7 Respectfully submitted, PETITIONER: ATTORNEY OF RECORD FOR AUTHORIZED REPRESENTATIVE PETITIONER: OF THE ATTORNEY GENERAL: f\Mal)_ t HvM-U ~ CJ«ott,,.r< C ~ ~,.de 8-3J(l)C2) --M-t ~\tf?c,u.M&::::- RONALDc.fIOMER, ESQ. HEATHER L. PEARLMAN JOSEPH PEPPER, ESQ. Deputy Director Conway Homer P.C. Torts Branch 16 Shawmut Street Civil Division Boston, MA 02116 U.S. Department of Justice Tel: (617) 695-1990 P.O. Box 146 Email: rhomer@ccandh.com Benjamin Franklin Station Washington, DC 20044-0146 AUTHORIZED REPRESENTATIVE ATTORNEY OF RECORD FOR OF THE SECRETARY OF HEALTH RESPONDENT: AND HUMAN SERVICES: Jeffrey s. Olgltally signed by Jeffrey S. Beach -5 Date:2024.05.16 Beac h -S _ for 14:59:02--04'00' CDR GEORGE REED GRIMES, MD, MPH SARAH C. DUNCAN Director, Division of Injury Trial Attorney Compensation Programs Torts Branch Health Systems Bureau Civil Division Health Resources and Services U.S. Department of Justice Administration P.O. Box 146 U.S. Department of Health Benjamin Franklin Station and Human Services Washington, DC 20044-0146 5600 Fishers Lane, 08W-25A Tel: (202) 514-9729 Rockville, MD 20857 Email: Sarah.C.Duncan@usdoj.gov 8 ================================================================================ DOCUMENT 3: USCOURTS-cofc-1_20-vv-01761-cl-extra-11105272 Date issued/filed: 2025-07-22 Pages: 1 Docket text: Supplementary opinion from CourtListener cluster 10638685 -------------------------------------------------------------------------------- CORRECTED In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 20-1761V CHRISTYNE RUFFOLO, Chief Special Master Corcoran Petitioner, v. Filed: June 11, 2025 SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Ronald Craig Homer, Conway, Homer, P.C., Boston, MA, for Petitioner. Sarah Christina Duncan, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON ATTORNEY’S FEES AND COSTS 1 On December 4, 2020, Christyne Ruffolo 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 alleged that she suffered from Guillain-Barré syndrome as a result of the flu vaccine and that she experienced the residual effects of this condition for more than six months. Petition, ECF No. 1. On May 29, 2024, I issued a decision awarding compensation to Petitioner based on the parties’ stipulation. ECF No. 71. 1 Because this Decision contains a reasoned explanation for the action taken in this case, it must be made publicly accessible and will be posted on the United States Court of Federal Claims' website, and/or at https://www.govinfo.gov/app/collection/uscourts/national/cofc, in accordance with the E-Government Act of 2002. 44 U.S.C. § 3501 note (2018) (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 inf ormation, 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 f rom 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 ref erences to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. § 300aa (2018). Petitioner has now filed a motion for attorney’s fees and costs, requesting an award of $67,002.73 (representing $63,960.70 in fees plus $2,911.03 in costs, plus $131.00 in Petitioner’s personally incurred costs). Attorneys’ Fees and Costs (“Motion”) filed January 9, 2025, ECF No. 77. Furthermore, Petitioner filed a signed statement representing that $131.00 in personal out-of-pocket expenses were incurred, as noted above. ECF No. 78. Respondent reacted to the motion on January 13, 2025, indicating that he is satisfied the statutory requirements for an award of attorneys’ fees and costs are met in this case but deferring resolution of the amount to be awarded to my discretion. Motion at 2-4, ECF No. 79. Petitioner filed no reply thereafter. I have reviewed the billing records submitted with Petitioner’s request. In my experience, the request appears reasonable, and I find no cause to reduce the requested hours or rates. Furthermore, Petitioner has provided supporting documentation for all claimed costs. ECF No. 77 at 47-72. Respondent offered no specific objection to the rates or amounts sought. I find the requested costs reasonable and hereby award them in full. The Vaccine Act permits an award of reasonable attorney’s fees and costs for successful claimants. Section 15(e). Accordingly, I hereby GRANT Petitioner’s Motion for attorney’s fees and costs. Petitioner is awarded attorneys’ fees and costs in the total amount of $67,002.73 (representing $66,871.73 in attorney’s fees and costs, plus $131.00 representing Petitioner’s personally incurred costs) to be paid through an ACH deposit to Petitioner’s counsel’s IOLTA account for prompt disbursement. In the absence of a timely-filed motion for review (see Appendix B to the Rules of the Court), the Clerk of Court shall 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), the parties may expedite entry of judgment by f iling a joint notice renouncing their right to seek review. 2