VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_12-vv-00281
Package ID: USCOURTS-cofc-1_12-vv-00281
Petitioner: Angela Vigliotti
Filed: 2012-05-03
Decided: 2018-06-25
Vaccine: influenza
Vaccination date: 2010-09-08
Condition: Multiple Sclerosis
Outcome: compensated
Award amount USD: 100000

AI-assisted case summary:
Angela Vigliotti filed a petition on May 3, 2012, alleging that an influenza vaccine she received on September 8, 2010, caused or significantly aggravated her multiple sclerosis (MS). The respondent denied that the flu vaccine caused or significantly aggravated petitioner's MS or any other injury. Despite these positions, both parties filed a joint stipulation on May 31, 2018, agreeing to settle the case. Special Master Thomas L. Gowen reviewed the stipulation, found it reasonable, and adopted it as the decision of the Court. Petitioner was awarded compensation in two parts: a lump sum of $100,000.00, payable to Angela Vigliotti, representing all damages available under 42 U.S.C. § 300aa-15(a); and a lump sum of $2,037.94, representing reimbursement of a New York Medicaid lien, payable jointly to petitioner and the New York State Department of Health, Resource Department, located at 1031 Development Court, Kingston, NY 12401. Petitioner agreed to endorse the check for the lien amount to the New York State Department of Health. The public decision does not describe the onset of symptoms, specific clinical details, medical tests, treatments, or expert witnesses. Petitioner was represented by Mark T. Sadaka of Mark T. Sadaka, LLC. Respondent was represented by Lynn E. Ricciardella of the United States Department of Justice.

Theory of causation field:
Petitioner Angela Vigliotti alleged that an influenza vaccine administered on September 8, 2010, caused-in-fact or significantly aggravated her multiple sclerosis (MS). Respondent denied causation or aggravation. The parties reached a joint stipulation on May 31, 2018, to settle the case. Special Master Gowen adopted the stipulation as the decision of the Court. The award included a $100,000.00 lump sum for general damages and $2,037.94 for a New York Medicaid lien. The public decision does not detail the specific medical mechanism, expert testimony, or clinical evidence presented. Petitioner's counsel was Mark T. Sadaka, and respondent's counsel was Lynn E. Ricciardella. The decision date was June 25, 2018.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_12-vv-00281-1
Date issued/filed: 2018-06-25
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 05/31/2018) regarding 147 DECISION of Special Master on Stipulation. Signed by Special Master Thomas L. Gowen. (kl) Service on parties made.
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Case 1:12-vv-00281-UNJ Document 151 Filed 06/25/18 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
Filed: May 31, 2018
* * * * * * * * * * * * *
ANGELA VIGLIOTTI, * UNPUBLISHED
*
Petitioner, * No. 12-281V
*
v. * Special Master Gowen
*
SECRETARY OF HEALTH *
AND HUMAN SERVICES, * Joint Stipulation; Influenza (“Flu”);
* Multiple Sclerosis (“MS”).
Respondent. *
* * * * * * * * * * * * *
Mark T. Sadaka, Mark T. Sadaka, LLC, Englewood, NJ, for petitioner.
Lynn E. Ricciardella, United States Department of Justice, Washington, DC, for respondent
DECISION ON STIPULATION1
On May 3, 2012, Angela Vigliotti (“Petitioner”) filed a petition for compensation
pursuant to the National Vaccine Injury Compensation Program.2 Petitioner alleges that she
suffers from multiple sclerosis (“MS”) that was either caused-in-fact or significantly aggravated
by an influenza (“flu”) vaccine she received on September 8, 2010. Petition at Preamble;
Stipulation at ¶ 4.
On May 31, 2018, the parties filed a joint stipulation (“Stipulation”) in which they state
that a decision should be entered awarding compensation to petitioner. ECF No. 146.
Respondent denies that the flu vaccine caused or significantly aggravated petitioner’s alleged
1
Pursuant to the E-Government Act of 2002, see 44 U.S.C. § 3501 note (2012), because this decision contains a
reasoned explanation for the action in this case, I intend to post it on the website of the United States Court of
Federal Claims. The court’s website is at http://www.uscfc.uscourts.gov/aggregator/sources/7. Before the decision
is posted on the court’s website, each party has 14 days to file a motion requesting redaction “of any information
furnished by that party: (1) that is a trade secret or commercial or financial in substance and is privileged or
confidential; or (2) that includes medical files or similar files, the disclosure of which would constitute a clearly
unwarranted invasion of privacy.” Vaccine Rule 18(b). “An objecting party must provide the court with a proposed
redacted version of the decision.” Id. If neither party files a motion for redaction within 14 days, the decision
will be posted on the court’s website without any changes. Id.
2 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 (2012)
(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.

Case 1:12-vv-00281-UNJ Document 151 Filed 06/25/18 Page 2 of 7
MS, or any other injury, and denies that petitioner’s current disabilities are sequelae of a vaccine-
related injury. Id. at ¶ 6.
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
compensation to petitioner according to the terms of the joint stipulation attached hereto as
Appendix A.
The joint stipulation awards:
a. A lump sum of $100,000.00 in the form of a check payable to petitioner, Angela
Vigliotti. This amount represents compensation for all damages that would be
available under 42 U.S.C. § 300aa-15(a).
b. A lump sum of $2,037.94, which amount represents reimbursement of a State of
New York Medicaid lien, in the form of a check payable jointly to petitioner and
New York State Department of Health
Resource Department
1031 Development Court
Kingston, NY 12401
Petitioner agrees to endorse this check to the New York State Department of
Health.
I find the stipulation reasonable and I adopt it as the decision of the Court in
awarding damages, on the terms set forth therein.
Accordingly, the Clerk of the Court SHALL ENTER JUDGMENT in accordance with
the terms of the parties’ stipulation.3
IT IS SO ORDERED.
s/Thomas L. Gowen
Thomas L. Gowen
Special Master
3 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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