Estate of Elio Bondi v. HHS - Influenza, stroke (2016)
Case summary [AI summaries can sometimes make mistakes]
Clifford J. Shoemaker, as executor of the estate of Elio Bondi, filed a petition on July 27, 2012, alleging that an influenza vaccination Mr.
Bondi received on October 15, 2011, caused him to suffer a stroke, which resulted in his death on October 27, 2011. The respondent denied that the flu vaccine caused Mr.
Bondi's stroke or any other injury, and denied that his death was a sequela of the alleged vaccine-related injury. Despite these denials, both parties filed a joint stipulation on June 22, 2016, agreeing to settle the case.
Chief Special Master Nora Beth Dorsey reviewed the stipulation, found it reasonable, and adopted it as the decision of the Court. The estate was awarded a lump sum of $9,000.00, payable to the petitioner as the legal representative of the estate of Elio Bondi.
This amount represents compensation for all damages available under 42 U.S.C. § 300aa-15(a). The public decision does not describe the specific onset of symptoms, medical tests performed, or treatments received.
Petitioner's counsel was Renee J. Gentry of Shoemaker, Gentry & Knickelbein, and respondent's counsel was Amy P.
Kokot of the United States Department of Justice.
Theory of causation
The Estate of Elio Bondi, represented by executor Clifford J. Shoemaker, alleged that an influenza vaccine administered on October 15, 2011, caused a stroke, leading to Mr. Bondi's death on October 27, 2011, twelve days post-vaccination. The respondent denied causation and that the death was a sequela of a vaccine-related injury. The parties reached a joint stipulation on June 22, 2016, to settle the case. Chief Special Master Nora Beth Dorsey approved the stipulation, awarding $9,000.00 as compensation for all damages available under 42 U.S.C. § 300aa-15(a). The public decision does not detail the specific medical mechanism, expert testimony, or clinical findings supporting the alleged causation. Petitioner's counsel was Renee J. Gentry, and respondent's counsel was Amy P. Kokot.
Source PDFs
USCOURTS-cofc-1_12-vv-00476