VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-01671 Package ID: USCOURTS-cofc-1_21-vv-01671 Petitioner: John Mohnal Filed: 2021-08-06 Decided: 2023-11-03 Vaccine: influenza Vaccination date: 2018-09-17 Condition: Guillain-Barré Syndrome (GBS) Outcome: compensated Award amount USD: 117961 AI-assisted case summary: John Mohnal filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that he suffered Guillain-Barré Syndrome (GBS) after receiving an influenza vaccine on September 17, 2018. He claimed that he received the vaccination in the United States, suffered residual effects of GBS for more than six months, and had not filed any civil action or received other compensation for his injury. The case was assigned to the Special Processing Unit. Respondent filed a Rule 4(c) Report conceding that Mr. Mohnal was entitled to compensation, agreeing that his condition met the criteria set forth in the Vaccine Injury Table and the Qualifications and Aids to Interpretation. Based on this concession and the evidence, a ruling on entitlement was issued finding Mr. Mohnal eligible for compensation. Subsequently, Respondent filed a proffer on award of compensation, indicating that Mr. Mohnal should be awarded $117,961.41. This amount included $115,000.00 for pain and suffering, $495.41 for past unreimbursable expenses, and $2,466.00 for past unreimbursable medical expenses for services provided by Holy Spirit/Geisinger EMS. Respondent represented that Mr. Mohnal agreed with this proffered award. The Chief Special Master issued a decision awarding the total sum of $117,961.41, to be paid as a lump sum of $115,495.41 to Mr. Mohnal and a lump sum of $2,466.00 jointly to Mr. Mohnal and National Recovery Agency. Theory of causation field: Table Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_21-vv-01671-0 Date issued/filed: 2023-06-26 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 05/25/2023) regarding 36 Ruling on Entitlement. Signed by Chief Special Master Brian H. Corcoran. (kle) Service on parties made. -------------------------------------------------------------------------------- Case 1:21-vv-01671-UNJ Document 39 Filed 06/26/23 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 21-1671V UNPUBLISHED JOHN MOHNAL, Chief Special Master Corcoran Petitioner, Filed: May 25, 2023 v. Special Processing Unit (SPU); SECRETARY OF HEALTH AND Ruling on Entitlement; Concession; HUMAN SERVICES, Table Injury; Influenza (Flu) Vaccine; Guillain-Barre Syndrome (GBS) Respondent. Catherine Wallace Costigan, Maglio Christopher & Toale, PA, Washington, DC, for Petitioner. Claudia Barnes Gangi, U.S. Department of Justice, Washington, DC, for Respondent. RULING ON ENTITLEMENT1 On August 6, 2021, John Mohnal 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 Guillain-Barré Syndrome (“GBS”), a defined Table injury, after receiving an influenza (“flu”) vaccine on September 17, 2018. Petition at ¶¶ 6, 14, 16-17. Petitioner further alleges that he received the vaccination with the United States, that he suffered the residual effects of his GBS for more than six months, and that neither he nor any other party has filed a civil action or received compensation for his GBS. Petition at ¶¶ 6, 15, 18-19. The case was assigned to the Special Processing Unit of the Office of Special Masters. 1 Because this Ruling 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 Ruling 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 (2018). Case 1:21-vv-01671-UNJ Document 39 Filed 06/26/23 Page 2 of 2 On May 24, 2023, Respondent filed his Rule 4(c) Report in which he concedes that Petitioner is entitled to compensation in this case. Respondent’s Rule 4(c) Report at 1, ECF No. 35. Specifically, Respondent believes “[P]etitioner has satisfied the criteria set forth in the Vaccine Injury Table and the Qualifications and Aids to Interpretation”. Id. at 5. Respondent further agrees that “based on the case record as it now stands, [P]etitioner has satisfied all legal prerequisites for compensation under the Act.” Id. at 6. In view of Respondent’s position and the evidence of record, I find that Petitioner is entitled to compensation. IT IS SO ORDERED. s/Brian H. Corcoran Brian H. Corcoran Chief Special Master 2 ================================================================================ DOCUMENT 2: USCOURTS-cofc-1_21-vv-01671-1 Date issued/filed: 2023-11-03 Pages: 5 Docket text: PUBLIC DECISION (Originally filed: 10/03/2023) regarding 45 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (ppa) Service on parties made. -------------------------------------------------------------------------------- Case 1:21-vv-01671-UNJ Document 50 Filed 11/03/23 Page 1 of 5 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 21-1671V JOHN MOHNAL, Chief Special Master Corcoran Petitioner, Filed: October 3, 2023 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Catherine Wallace Costigan, Maglio Christopher & Toale, Washington, DC, for Petitioner. Claudia Barnes Gangi, U.S. Department of Justice, Washington, DC, for Respondent. DECISION AWARDING DAMAGES1 On August 6, 2021, John Mohnal 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 Guillain-Barré Syndrome (“GBS”), a defined Table injury, after receiving an influenza (“flu”) vaccine on September 17, 2018. Petition at ¶¶ 6, 14, 16-17. The case was assigned to the Special Processing Unit of the Office of Special Masters. On May 25, 2023, a ruling on entitlement was issued, finding Petitioner entitled to compensation for his GBS. On October 3, 2023, Respondent filed a proffer on award of compensation (“Proffer”) indicating Petitioner should be awarded $117,961.41, representing compensation in the amounts of $115,000.00 for pain and suffering, $495.41 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 (2018). Case 1:21-vv-01671-UNJ Document 50 Filed 11/03/23 Page 2 of 5 for past unreimbursable expenses, and $2,466.00 for past unreimbursable medical expenses for services provided by Holy Spirit/Geisinger EMS. Proffer at 1-2. In the Proffer, Respondent represented that Petitioner agrees with the proffered award. Id. Based on the record as a whole, I find that Petitioner is entitled to an award as stated in the Proffer. Pursuant to the terms stated in the attached Proffer, I award $117,961.41 as follows: 1. A lump sum payment of $115,495.41, representing $115,000.00 for pain and suffering and $495.41 for actual unreimbursable expenses in the form of a check payable to Petitioner; and 2. A lump sum payment of $2,466.00, representing reimbursement of actual unreimbursable medical expenses provided by Holy Spirit/Geisinger EMS, in the form of a check payable jointly to Petitioner and National Recovery Agency. This amount represents compensation for all damages that would be available under Section 15(a). 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 1:21-vv-01671-UNJ Document 50 Filed 11/03/23 Page 3 of 5 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS JOHN MOHNAL, Petitioner, No. 21-1671V ECF v. Chief Special Master Corcoran SECRETARY OF HEALTH AND Special Processing Unit (SPU) HUMAN SERVICES, Respondent. RESPONDENT’S PROFFER ON AWARD OF COMPENSATION On August 6, 2021, John Mohnal (“petitioner”) filed a petition for compensation under the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-1 to -34 (“Vaccine Act” or “Act”), alleging that he suffered from Guillain-Barré syndrome (“GBS”) as a result of an influenza (“flu”) vaccine administered on September 17, 2018. Petition at 1. On May 24, 2023, the Secretary of Health and Human Services (“respondent”) filed a Rule 4(c) Report indicating that this case is appropriate for compensation under the terms of the Act for a GBS Table injury. ECF No. 35. On May 25, 2023, the Chief Special Master issued a Ruling on Entitlement finding petitioner entitled to compensation. ECF No. 36. I. Items of Compensation A. Pain and Suffering Respondent proffers that petitioner should be awarded $115,000.00 in pain and suffering. See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees. B. Past Unreimbursable Expenses to Petitioner Evidence supplied by petitioner documents that he incurred past unreimbursable expenses related to his vaccine-related injury. Respondent proffers that petitioner should be awarded past Case 1:21-vv-01671-UNJ Document 50 Filed 11/03/23 Page 4 of 5 unreimbursable expenses in the amount of $495.41. See 42 U.S.C. § 300aa-15(a)(1)(B). Petitioner agrees. C. Past Unreimbursable Expenses to Petitioner and Provider Evidence supplied by petitioner documents outstanding charges for services provided by Holy Spirit/Geisinger EMS related to his vaccine-related injury. Respondent proffers that petitioner should be awarded past unreimbursable expenses in the amount of $2,466.00 for services provided by Holy Spirit/Geisinger EMS. See 42 U.S.C. § 300aa-15(a)(1)(B). Petitioner agrees. These amounts represent all elements of compensation to which petitioner is entitled under 42 U.S.C. § 300aa-15(a). Petitioner agrees. II. Form of the Award Petitioner is a competent adult. Evidence of guardianship is not required in this case. Respondent recommends that the compensation provided to petitioner should be made through a lump sum payment as described below and requests that the Chief Special Master’s decision and the Court’s judgment award the following1: A. A lump sum payment of $115,495.41, representing compensation for pain and suffering ($115,000.00), and past unreimbursable expenses ($495.41), in the form of a check payable to petitioner, John Mohnal. B. A lump sum payment of $2,466.00, representing compensation for unreimbursable medical expenses for services provided by Holy Spirit/Geisinger EMS, in the form of a check jointly payable to petitioner, John Mohnal, and National Recovery Agency. 1 Should petitioner die prior to entry of judgment, the parties reserve the right to move the Court for appropriate relief. In particular, respondent would oppose any award for future lost earnings and future pain and suffering. 2 Case 1:21-vv-01671-UNJ Document 50 Filed 11/03/23 Page 5 of 5 Petitioner agrees to endorse this payment to National Recovery Agency, and forward the check to NRA Group, LLC, 2491 Paxton Street, Harrisburg, PA 17111. III. Summary of Recommended Payments Following Judgment A. Lump Sum paid to petitioner, John Mohnal: $115, 495.41 B. Lump Sum paid jointly to petitioner, John Mohnal, and National Recovery Agency: $2,466.00 Respectfully submitted, BRIAN M. BOYNTON Principal Deputy Assistant Attorney General C. SALVATORE D’ALESSIO Director Torts Branch, Civil Division HEATHER L. PEARLMAN Deputy Director Torts Branch, Civil Division DARRYL R. WISHARD Assistant Director Torts Branch, Civil Division s/ Claudia B. Gangi CLAUDIA B. GANGI Senior Trial Attorney Torts Branch, Civil Division U.S. Department of Justice P.O. Box 146, Ben Franklin Station Washington, DC 20044-0146 Tel.: (202) 616-4138 claudia.gangi@usdoj.gov DATED: October 3, 2023 3 ================================================================================ DOCUMENT 3: USCOURTS-cofc-1_21-vv-01671-cl-extra-10736153 Date issued/filed: 2024-02-20 Pages: 1 Docket text: Supplementary opinion from CourtListener cluster 10269563 -------------------------------------------------------------------------------- In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 21-1671V JOHN MOHNAL, Chief Special Master Corcoran Petitioner, v. Filed: January 17, 2024 SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Catherine Wallace Costigan, Maglio Christopher & Toale, Washington, DC, for Petitioner. Claudia Barnes Gangi, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON ATTORNEY’S FEES AND COSTS 1 On August 6, 2021, John Mohnal 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 he suffered Guillain-Barré Syndrome a defined Table injury, after receiving an influenza vaccine on September 17, 2018. Petition, ECF No. 1. On October 3, 2023, I issued a decision awarding compensation to Petitioner based on the Respondent’s proffer. ECF No. 45. 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 $60,809.95 (representing $58,027.00 in fees plus $2,782.95 in costs). Petitioner’s Application for Fees and Costs (“Motion”) filed Oct. 25, 2023, ECF No. 39. In accordance with General Order No. 9, Petitioner filed a signed statement representing that Petitioner incurred no out-of-pocket expenses. ECF No. 49-3. Respondent reacted to the motion on Nov. 8, 2023, reporting that he is satisfied that the statutory requirements for an award of attorney’s fees and costs are met in this case, but deferring resolution of the amount to be awarded to my discretion. Respondent’s Response to Motion at 2-3, ECF No. 51. Petitioner filed a reply reiterating his request as indicated in the Motion. ECF No. 52. 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. 49-2. Respondent offered no specific objection to the rates or amounts sought. 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. I award a total of $60,809.95 (representing $58,027.00 in fees plus $2,782.95 in costs) as a lump sum in the form of a check jointly payable to Petitioner and Petitioner’s counsel. Per Petitioner’s request, the check is to be forwarded to Maglio Christopher and Toale, Law: 1605 Main Street, Suite 710, Sarasota Florida 34236. 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