VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-01951
Package ID: USCOURTS-cofc-1_21-vv-01951
Petitioner: Michael Staffaroni
Filed: 2021-10-04
Decided: 2023-07-14
Vaccine: influenza
Vaccination date: 2020-01-02
Condition: Guillain-Barre Syndrome (GBS) (sub-type: Miller Fisher Syndrome)
Outcome: compensated
Award amount USD: 139684

AI-assisted case summary:
Michael Staffaroni filed a petition for compensation under the National Vaccine Injury Compensation Program on October 4, 2021, alleging that he suffered Guillain-Barre Syndrome (GBS), specifically the Miller Fisher Syndrome subtype, as a result of an influenza vaccine he received on January 2, 2020. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on December 9, 2022, conceding that Mr. Staffaroni is entitled to compensation. The respondent indicated that medical personnel reviewed the petition and medical records and determined that Mr. Staffaroni satisfied the criteria set forth in the Vaccine Injury Table and Qualifications and Aids to Interpretation, affording him a presumption of causation for GBS occurring between three and forty-two days after a seasonal flu vaccination, with no preponderant evidence of an alternative cause. Chief Special Master Brian H. Corcoran issued a ruling on entitlement on December 12, 2022, finding Petitioner entitled to compensation. As the parties could not agree on damages, a hearing was held on July 14, 2023. Mr. Staffaroni requested $160,000.00 for pain and suffering, while the respondent recommended $80,000.00. The parties agreed on $4,684.94 for unreimbursed expenses. In a decision issued on July 14, 2023, Chief Special Master Corcoran awarded Mr. Staffaroni a total of $139,684.94, comprising $135,000.00 for pain and suffering and $4,684.94 for unreimbursed expenses. The award for pain and suffering was determined to be for actual, rather than projected, pain and suffering, thus not requiring a reduction to net present value. The decision was made pursuant to Section 12(d)(3)(A) of the Vaccine Act, and the Special Master incorporated prior discussions on the legal standard for GBS damages from the case Schenck v. Sec'y of Health & Hum. Servs., No. 21-1768V, 2023 WL 2534594. Petitioner's counsel was Laura Levenberg of Muller Brazil, LLP, and respondent's counsel was Jamica Marie Littles of the U.S. Department of Justice.

Theory of causation field:
Petitioner Michael Staffaroni alleged that an influenza vaccine received on January 2, 2020, caused Guillain-Barre Syndrome (GBS), specifically Miller Fisher Syndrome, a condition listed in the Vaccine Injury Table. The respondent conceded entitlement, stating that Petitioner met the criteria for a Table injury, including the onset of GBS between three and forty-two days after the vaccination, with no evidence of an alternative cause. Chief Special Master Brian H. Corcoran issued a ruling on entitlement on December 12, 2022, finding Petitioner eligible for compensation. Damages were subsequently determined by Chief Special Master Corcoran on July 14, 2023, who awarded $135,000.00 for pain and suffering and $4,684.94 for unreimbursed expenses, totaling $139,684.94. The public decision does not detail specific medical experts, clinical onset, symptoms, diagnostic tests, treatments, or the precise mechanism of causation beyond the Table presumption. Petitioner was represented by Laura Levenberg of Muller Brazil, LLP, and Respondent was represented by Jamica Marie Littles of the U.S. Department of Justice.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_21-vv-01951-0
Date issued/filed: 2023-01-17
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 12/12/2022) regarding 17 Ruling on Entitlement. Signed by Chief Special Master Brian H. Corcoran. (kle) Service on parties made.
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Case 1:21-vv-01951-UNJ Document 19 Filed 01/17/23 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 21-1951V
UNPUBLISHED
MICHAEL STAFFARONI, Chief Special Master Corcoran
Petitioner, Filed: December 12, 2022
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.
Laura Levenberg, Muller Brazil, LLP, Dresher, PA, for Petitioner.
Jamica Marie Littles, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On October 4, 2021, Michael Staffaroni 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 a Table injury – Guillain-Barre
Syndrome (GBS) (sub-type: Miller Fisher Syndrome) – as a result of his January 2, 2020
influneza (“flu”) vaccination. Petition at 1. 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. See Petition at ¶¶ 1, 11-13. The case was
assigned to the Special Processing Unit of the Office of Special Masters.
1 Because this unpublished Ruling 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 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 (2012).

Case 1:21-vv-01951-UNJ Document 19 Filed 01/17/23 Page 2 of 2
On December 9, 2022, 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. Specifically, Respondent indicates that
[m]edical personnel at the Division of Injury Compensation Programs,
Department of Health and Human Services (“DICP”), have reviewed the
petition and medical records filed in the case. It is respondent’s position that
petitioner has satisfied the criteria set forth in the Vaccine Injury Table
(“Table”) and the Qualifications and Aids to Interpretation (“QAI”), which
afford petitioner a presumption of causation if the onset of GBS occurs
between three and forty- two days after a seasonal flu vaccination and there
is not preponderant evidence of an alternative cause.
Id. at 6 (42 C.F.R. §100.3 (a)(XIV)(D), (c)(15)).
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

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DOCUMENT 2: USCOURTS-cofc-1_21-vv-01951-1
Date issued/filed: 2023-08-18
Pages: 3
Docket text: PUBLIC DECISION (Originally filed: 07/14/2023) regarding 28 DECISION of Special Master. Signed by Chief Special Master Brian H. Corcoran. (kle) Service on parties made.
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Case 1:21-vv-01951-UNJ Document 34 Filed 08/18/23 Page 1 of 3
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 21-1951V
MICHAEL STAFFARONI, Chief Special Master Corcoran
Petitioner, Filed: July 14, 2023
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Laura Levenberg, Muller Brazil, LLP, Dresher, PA, for Petitioner.
Jamica Marie Littles, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On October 4, 2021, Michael Staffaroni 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 he suffered a Table injury – Guillain-Barré syndrome
(“GBS”) (sub-type: Miller Fisher Syndrome) – as a result of an influenza vaccine received
on January 2, 2020. Petition at 1. The case was assigned to the Special Processing Unit
of the Office of Special Masters. On December 12, 2022, a ruling on entitlement was
issued, finding Petitioner entitled to compensation for GBS. ECF No. 17. Because the
parties could not informally resolve the issue of damages, they filed briefs setting forth
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-01951-UNJ Document 34 Filed 08/18/23 Page 2 of 3
their respective arguments and were notified that I would resolve this dispute via an
expedited “Motions Day” hearing, which ultimately took place on July 14, 2023.
Petitioner requested an award of $160,000.00 in compensation for Petitioner’s
actual pain and suffering, while Respondent recommends an award of $80,000.00. (The
parties agreed, however, that Petitioner should be awarded $4,684.94 for Petitioner’s
unreimbursed expenses).
At the conclusion of the Motions Day hearing, and after listening to the arguments
of both sides, I issued an oral ruling on damages constituting my findings of fact and
conclusions of law, pursuant to Section 12(d)(3)(A). (An official recording of the
proceeding was taken by a court reporter, although a transcript has not yet been filed in
this matter – but I hereby fully adopt and incorporate that oral ruling as officially recorded.)
In addition, in another recent decision I discussed at length the legal standard to be
considered in determining damages in cases involving GBS as the injury. I fully adopt and
hereby incorporate my prior discussion of the legal standard and statistical data for such
cases from Schenck v. Sec'y of Health & Hum. Servs., No. 21-1768V, 2023 WL 2534594,
at *1-3, n.7 (Fed. Cl. Mar. 16, 2023) to the instant ruling and decision. The official
recording of my oral ruling also includes my discussion of various comparable cases, as
well as specific facts relating to Petitioner’s medical history and experience that further
informed my decision awarding damages herein.
Based on my consideration of the complete record as a whole and the parties’
arguments, and for the reasons discussed in my oral ruling, pursuant to Section
12(d)(3)(A) I find that $135,000.00 represents a fair and appropriate amount of
compensation for Petitioner’s actual pain and suffering.3
Accordingly, I award Petitioner a lump sum payment of $139,684.94
(representing $135,000.00 for pain and suffering, and $4,684.94 for unreimbursed
expenses) in the form of a check payable to Petitioner. This amount represents
compensation for all damages that would be available under Section 15(a).
3 Since this amount is being awarded for actual, rather than projected, pain and suffering, no reduction to
net present value is required. See Section 15(f)(4)(A); Childers v. Sec’y of Health & Hum. Servs., No. 96-
0194V, 1999 WL 159844, at *1 (Fed. Cl. Spec. Mstr. Mar. 5, 1999) (citing Youngblood v. Sec’y of Health &
Hum. Servs., 32 F.3d 552 (Fed. Cir. 1994)).
2

Case 1:21-vv-01951-UNJ Document 34 Filed 08/18/23 Page 3 of 3
The Clerk of Court is directed to enter judgment in accordance with this Decision.4
IT IS SO ORDERED.
s/Brian H. Corcoran
Brian H. Corcoran
Chief Special Master
4 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.
3