VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_22-vv-00833
Package ID: USCOURTS-cofc-1_22-vv-00833
Petitioner: Robert Thaner
Filed: 2022-08-01
Decided: 2025-02-13
Vaccine: influenza
Vaccination date: 2019-09-25
Condition: chronic inflammatory demyelinating polyneuropathy (CIDP)
Outcome: compensated
Award amount USD: 115000

AI-assisted case summary:
Robert Thaner, an adult, received an influenza vaccine on September 25, 2019. His estate, represented by Anthony Musto (who substituted for Nathaniel Shipp in December 2023), filed a petition on August 1, 2022, alleging that Thaner suffered chronic inflammatory demyelinating polyneuropathy (CIDP) that was caused or significantly aggravated by the vaccine. The respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused Thaner's alleged CIDP, or any other injury, or his death. The parties subsequently filed a stipulation recommending an award of compensation. Special Master Nora Beth Dorsey found the stipulation reasonable and adopted it as the decision of the Court. The stipulation awarded the estate $80,000.00 as a lump sum, to be paid via ACH deposit to Petitioner's counsel's IOLTA account for prompt disbursement. Additionally, the estate was awarded a lump sum of $35,000.00 to reimburse a lien from the Connecticut Department of Administrative Services. This reimbursement was to be paid in the form of a check payable jointly to Petitioner and the State of Connecticut DAS – Collection Services, with Petitioner agreeing to endorse the check to the State. This total award of $115,000.00 represents compensation for all damages available under the National Vaccine Injury Compensation Program. The decision was based on this stipulation, and judgment was to be entered accordingly, with the parties having renounced the right to seek review.

Theory of causation field:
Petitioner alleged that Robert Thaner suffered chronic inflammatory demyelinating polyneuropathy (CIDP) caused or significantly aggravated by an influenza vaccine administered on September 25, 2019. Respondent denied causation. The parties reached a stipulation for compensation, which was adopted by Special Master Nora Beth Dorsey. The stipulation awarded a total of $115,000.00: $80,000.00 as a lump sum and $35,000.00 to reimburse a lien from the Connecticut Department of Administrative Services. The public decision does not describe the specific theory of causation, medical experts, clinical details of the alleged injury, or the mechanism by which the vaccine allegedly caused CIDP. The award was based solely on the parties' stipulation. Attorneys for Petitioner were Danielle Anne Strait (Mctlaw) and for Respondent was Katherine Carr Esposito (U.S. Department of Justice). The decision date was February 13, 2025.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_22-vv-00833-0
Date issued/filed: 2025-03-10
Pages: 8
Docket text: PUBLIC DECISION (Originally filed: 2/13/2025) regarding 70 DECISION Stipulation. Signed by Special Master Nora Beth Dorsey. (mjf) Service on parties made.
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Case 1:22-vv-00833-UNJ Document 74 Filed 03/10/25 Page 1 of 8
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
Filed: February 13, 2025
* * * * * * * * * * * * * * * * * * *
ANTHONY MUSTO, as personal *
representative of the estate of *
ROBERT THANER, * UNPUBLISHED
*
Petitioner, * No. 22-833V
*
v. * Special Master Dorsey
*
SECRETARY OF HEALTH * Decision Based on Stipulation; Influenza
AND HUMAN SERVICES, * (“Flu”) Vaccine; Chronic Inflammatory
* Demyelinating Polyneuropathy (“CIDP”).
Respondent. *
*
* * * * * * * * * * * * * * * * * * *
Danielle Anne Strait, Mctlaw, Seattle, WA, for Petitioner.
Katherine Carr Esposito, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION BASED ON STIPULATION1
On August 1, 2022, Anthony Musto (“Petitioner”),2 as personal representative of the
estate of Robert Thaner (“decedent”), filed a petition in the National Vaccine Injury Program3
1 Because this Decision contains a reasoned explanation for the action in this case, the
undersigned is required to post it 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, the undersigned agrees that the
identified material fits within this definition, the undersigned will redact such material from
public access.
2 This case was originally filed by Nathaniel Shipp, and Anthony Musto substituted as Petitioner
in December 2023.
3 The National Vaccine Injury Compensation Program is set forth in Part 2 of the National
Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755, codified as amended,
42 U.S.C. §§ 300aa-10 to -34 (2018) (“Vaccine Act” or “the Act”). All citations in this Decision
to individual sections of the Vaccine Act are to 42 U.S.C.A. § 300aa.
1

Case 1:22-vv-00833-UNJ Document 74 Filed 03/10/25 Page 2 of 8
alleging that the decedent suffered chronic inflammatory demyelinating polyneuropathy
(“CIDP”) that was caused or significantly aggravated by an influenza (“flu”) vaccination
administered on September 25, 2019. Petition at 2-3 (ECF No. 1).
On February 13, 2025, the parties filed a stipulation recommending an award of
compensation to Petitioner. Stipulation (ECF No. 69). Respondent denies that the flu vaccine
caused decedent’s alleged CIDP, or any other injury, or his death. Nevertheless, the parties
agree to the joint stipulation, attached hereto as Appendix A. The undersigned finds the
stipulation reasonable and adopts it as the decision of the Court in awarding damages, on the
terms set forth therein.
The parties stipulate that Petitioner shall receive the following compensation:
(1) A lump sum of $80,000.00 to be paid through an ACH deposit to Petitioner’s
counsel’s IOLTA account for prompt disbursement to Petitioner, as legal
representative of the estate of Robert Thaner;
(2) A lump sum of $35,000.00, which amount represents reimbursement of a lien for
services rendered on behalf of decedent by the Connecticut Department of
Administrative Services, in the form of a check payable jointly to Petitioner and
State of Connecticut DAS – Collection Services
P.O. Box 601
Manchester, CT 06045
Re: Thaner, #3737645
Petitioner agrees to endorse the check to State of Connecticut DAS – Collection
Services.
This amount represents compensation for all damages that would be available under 42
U.S.C. § 300aa-15(a). Stipulation at ¶ 8.
The undersigned approves the requested amount for Petitioner’s compensation.
Accordingly, an award should be made consistent with the stipulation.
In the absence of a motion for review filed pursuant to RCFC Appendix B, the Clerk of
Court SHALL ENTER JUDGMENT in accordance with the terms of the parties’ stipulation.4
IT IS SO ORDERED.
s/Nora B. Dorsey
Nora B. Dorsey
Special Master
4 Pursuant to Vaccine Rule 11(a), entry of judgment is expedited by the parties’ joint filing of
notice renouncing the right to seek review.
2

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