VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_22-vv-00024 Package ID: USCOURTS-cofc-1_22-vv-00024 Petitioner: Michael Cascio Filed: 2022-01-10 Decided: 2023-01-03 Vaccine: influenza Vaccination date: 2019-10-07 Condition: chronic inflammatory demyelinating polyneuropathy (CIDP) Outcome: compensated Award amount USD: 60000 AI-assisted case summary: Michael Cascio filed a petition for vaccine compensation on January 10, 2022, alleging that the influenza vaccine he received on October 7, 2019, caused him to develop chronic inflammatory demyelinating polyneuropathy (CIDP). Mr. Cascio further alleged that his symptoms persisted for more than six months. The respondent, the Secretary of Health and Human Services, denied that the vaccine caused Mr. Cascio's condition. Despite these differing positions, the parties reached a joint stipulation to resolve the case. Special Master Christian J. Moran reviewed and adopted the stipulation. As compensation for all damages, Mr. Cascio was awarded a lump sum of $60,000.00, payable by check to him. The decision noted that the parties would proceed to further proceedings for reasonable attorneys' fees and costs. Mr. Cascio, on behalf of himself and his heirs, executors, administrators, successors, or assigns, released the United States and the Secretary of Health and Human Services from all claims related to the vaccination. The stipulation stated that it represented a full and complete negotiated settlement of liability and damages claimed under the National Childhood Vaccine Injury Act of 1986, as amended, except for potential future awards for attorney's fees and litigation costs. The stipulation also clarified that it was not an admission by the United States or the Secretary of Health and Human Services that the flu vaccine caused Mr. Cascio's alleged injury or any other injury, nor that he suffered an injury contained in the Vaccine Injury Table. Petitioner was represented by Laura Levenberg of Muller Brazil, and respondent was represented by Rachelle Bishop, an attorney with the U.S. Department of Justice. Theory of causation field: Michael Cascio received an influenza vaccine on October 7, 2019. He filed a petition for vaccine compensation alleging that this vaccine caused him to develop chronic inflammatory demyelinating polyneuropathy (CIDP), with residual effects lasting more than six months. The influenza vaccine is listed on the Vaccine Injury Table. The respondent denied causation. The parties reached a stipulation to resolve the case, agreeing to a settlement award of $60,000.00 for all damages, with further proceedings to determine attorneys' fees and costs. Special Master Christian J. Moran adopted the stipulation. The stipulation itself does not detail the specific medical mechanism of causation or name any medical experts. The decision does not describe the onset of symptoms, specific clinical findings, or treatments. The theory of causation is based on the Vaccine Injury Table, as the petitioner alleged an injury listed on the Table and a duration of symptoms consistent with Table requirements. Petitioner was represented by Laura Levenberg, and respondent was represented by Rachelle Bishop. The decision was issued on January 3, 2023. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_22-vv-00024-0 Date issued/filed: 2023-01-03 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 12/06/2022) regarding 33 DECISION Stipulation/Proffer, Signed by Special Master Christian J. Moran. (dksc) Service on parties made. -------------------------------------------------------------------------------- Case 1:22-vv-00024-UNJ Document 37 Filed 01/03/23 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS * * * * * * * * * * * * * * * * * * * * * * * * * MICHAEL CASCIO, * * No. 22-0024v Petitioner, * Special Master Christian J. Moran * v. * * Filed: December 6, 2022 SECRETARY OF HEALTH * AND HUMAN SERVICES, * * Stipulation; influenza vaccine; chronic Respondent. * inflammatory demyelinating polyneuropathy * * * * * * * * * * * * * * * * * * * * * * * * * (“CIDP”) Laura Levenberg, Muller Brazil, Dresher, PA, for Petitioner; Rachelle Bishop, United States Dep’t of Justice, Washington, D.C., for Respondent. UNPUBLISHED DECISION1 On December 5, 2022, the parties filed a joint stipulation concerning the petition for compensation filed by Michael Cascio on January 10, 2022. Petitioner alleged that the influenza vaccination he received on October 7, 2019, which is contained in the Vaccine Injury Table (the “Table”), 42 C.F.R. §100.3(a), caused him to suffer chronic inflammatory demyelinating polyneuropathy (“CIDP”). Petitioner further alleges that his symptoms persisted for more than six months. Petitioner represents that there has been no prior award or settlement of a civil action for damages on his behalf as a result of his condition. Respondent denies that the vaccine caused petitioner to suffer from CIDP or any other injury. Nevertheless, the parties agree to the joint stipulation, attached hereto. The undersigned finds said stipulation reasonable and adopts it as the decision of the Court in awarding damages, on the terms set forth therein. 1 The E-Government Act, 44 U.S.C. § 3501 note (2012) (Federal Management and Promotion of Electronic Government Services), requires that the Court post this decision on its website. Pursuant to Vaccine Rule 18(b), the parties have 14 days to file a motion proposing redaction of medical information or other information described in 42 U.S.C. § 300aa-12(d)(4). Any redactions ordered by the special master will appear in the document posted on the website. Case 1:22-vv-00024-UNJ Document 37 Filed 01/03/23 Page 2 of 7 Damages awarded in that stipulation include: A lump sum of $60,000.00 in the form of a check payable to petitioner. This amount represents compensation for all damages that would be available under 42 U.S.C. § 300aa-15(a). In the absence of a motion for review filed pursuant to RCFC, Appendix B, the clerk is directed to enter judgment according to this decision and the attached stipulation.2 IT IS SO ORDERED. s/Christian J. Moran Christian J. Moran Special Master 2 Pursuant to Vaccine Rule 11(a), the parties can expedite entry of judgment by each party filing a notice renouncing the right to seek review by a United States Court of Federal Claims judge. 2 Case 1:22-vv-00024-UNJ Document 37 Filed 01/03/23 Page 3 of 7 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS MICHAEL CASCIO, Petitioner, No. 22-24V Special Master Christian J. Moran v. ECF SECRET ARY OF HEAL TH A1'i"D HUMAN SERVICES, Respondent. STIPULATION The parties hereby stipulate to the following matters: 1. Michael Cascio ("petitioner"), filed a petition for vaccine compensation under the National Vaccine htjury 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 ofan influenza ("flu") vaccine, a vaccine contained in the Vaccine Injury Table (the "Table"), 42 C.F.R. § 100.3(a) 2. Petitioner received a flu vaccine on October 7, 2019. 3. The vaccine was administered within the United States. 4. Petitioner alleges that he suffered chronic inflammatory demyelinating polyneuropathy ("CIDP") as a result of his October 7, 2019 flu vaccination. He further alleges that he experienced the residual effects of this condition for more than six: months. 5. Petitioner represents that there has been no prior awani or settlement of a civil action for damages on his behalf as a result ofh is alleged injury. 1 Case 1:22-vv-00024-UNJ Document 37 Filed 01/03/23 Page 4 of 7 6. Respondent denies that the flu vaccine caused petitioner to develop CIDP, any other injury or condition, or that petitioner's current condition is sequelae 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-2l(a)(l), the Secretazy of Health and Human Services will issue the following vaccine compensation payment: A lump sum of 560,000.00 in the form of a check payable to petitioner. This amount represents compensation for all damages that would be available under 42 U.S.C. § 300aa-15(a). 9. As soon as practicable after the entry ofj udgment 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-2l(aXI), 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. 10. Petitioner and his attorney represent that compensation to be provided pursuant to this Stipulation is not for any items or services for which the Program is not primarily liable under 42 U.S.C. § 300aa-15(g), to the extent that payment has been made or can reasonably be expected to be made under any 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 by entities that provide health services on a pre~paid basis. 2 Case 1:22-vv-00024-UNJ Document 37 Filed 01/03/23 Page 5 of 7 11. Payment made pursuant to paragraph 8 and any amounts awarded pursuant to paragraph 9 of this Stipulation will be made in accordance with 42 U.S.C. § 300aa-15(i), subject to the availability of sufficient statutoiy funds. 12. The parties and their attorneys further agree and stipulate that, except for any award for attorney's fees and litigation costs, the money provided pursuant to this Stipulation will be used solely for the benefit of petitioner as contemplated by a strict construction of 42 U.S.C. § 300aa-15(a) and (d), and subject to the conditions of 42 U.S.C. § 300aa-15(g) and (h). 13. In return for the payments described in paragraphs 8 and 9, petitioner, in his individual capacity, and on behalf of his heirs, executors, administrators, successors or assigns, does forever irrevocably and unconditionally release, acquit and discharge the United States and 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 brough~ or could be timely brought in the Court of Federal Claims, under the NotionoJ 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 October 7, 2019, as alleged in a petition for vaccine compensation :flied on· January 1o , 2022, m the United States Court of Federal Claims as petition No. 22-24V. 14. If petitioner should die prior to entry ofj udgment, this agreement shall be voidable upon proper notice to the Court on behalf of either or both of the parties. 15. If the special master fails to issue a decision in complete conformity with the terms 3 Case 1:22-vv-00024-UNJ Document 37 Filed 01/03/23 Page 6 of 7 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. 16. This Stipulation expresses a full and c.omplete negotiated settlement of liability and damages claimed under the National Childhood Vaccine Injury Act of 1986, as amend~ except as otherwise noted in paragraph 9 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. 17. This Stipulation shall not be construed as an admission by the Uruted States or "the Secretary of Health and Human Services that the flu vaccine caused petitioner's alleged injury or any other injury or his current disabilities, or that petitioner suffered an injury contained in the Vaccine Injury Table. 18. All rights and obligations of petitioner hereunder shall apply equally to petitioner's heirs, executors, administrators, successors, and/or assigns. END OF STIPULATION 4 Case 1:22-vv-00024-UNJ Document 37 Filed 01/03/23 Page 7 of 7 Respectfully submitted, PETITIONER: J1;JiJJ~- MICHAEL CASCIO ATTeRNEY OF RECORD FOR AUTHORIZED REPRESENTATIVE PETITIONER: OF THE ATTORNEY GENERAL: ~~ ~\:-L!?..f'...e.< . M 1. 1 J.JC--_ LAURA J. LEVE1\TJ3ERG HEATHER L. PEARLMAN Muller Brazil Deputy Director 715 Twining Road, Suite 208 Torts Branch Dresher, PA 19025 Civil Division (215) 885-1655 U.S. Department of Justice P.O. Box 146 Benjamin Franklin Station Washington, DC 20044-0146 , AUTHORIZE• REPRESENTATIVE ATTORNEY OF RECORD FOR m OF 'l'HE SECRJ~-1•.'·Aki HE.