VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_12-vv-00476
Package ID: USCOURTS-cofc-1_12-vv-00476
Petitioner: Estate of Elio Bondi
Filed: 2012-07-27
Decided: 2016-07-14
Vaccine: influenza
Vaccination date: 2011-10-15
Condition: stroke
Outcome: compensated
Award amount USD: 9000

AI-assisted case summary:
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 field:
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.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_12-vv-00476-0
Date issued/filed: 2016-07-14
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 06/23/2016) regarding 59 DECISION Stipulation/Proffer Signed by Chief Special Master Nora Beth Dorsey. (tlf) Copy to parties.
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Case 1:12-vv-00476-UNJ Document 63 Filed 07/14/16 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 12-476V
Filed: June 23, 2016
* * * * * * * * * * * * * UNPUBLISHED
Estate of ELIO BONDI by CLIFFORD *
J. SHOEMAKER, Executor, *
*
Petitioner, * Chief Special Master Dorsey
*
v. * Joint Stipulation on Damages;
* Influenza (“Flu”) Vaccine; Stroke;
SECRETARY OF HEALTH * Death
AND HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * *
Renee J. Gentry, Shoemaker, Gentry & Knickelbein, Vienna, VA, for petitioner.
Amy P. Kokot, United States Department of Justice, Washington, DC, for respondent.
DECISION ON JOINT STIPULATION1
On July 27, 2012, Clifford J. Shoemaker, as executor of the estate of Elio Bondi, filed a
petition pursuant to the National Vaccine Injury Compensation Program.2 42 U.S.C. §§ 300aa-1
to 34 (2012). The petition alleged that, as a result of receiving an influenza (“flu”) vaccination
on October 15, 2011, Mr. Bondi suffered a stroke, which resulted in his death on October 27,
2011. Petition at ¶¶ 5-6; Stipulation at ¶ 4.
On June 22, 2016, the parties filed a stipulation in which they state that a decision should
be entered awarding compensation. Respondent denies that the flu vaccine caused Mr. Bondi’s
1 Because this decision contains a reasoned explanation for the undersigned’s action in this case, the
undersigned intends to post this ruling on the website of the United States Court of Federal Claims, in
accordance with the E-Government Act of 2002, 44 U.S.C. § 3501 note (2012) (Federal Management and
Promotion of Electronic Government Services). As provided by Vaccine Rule 18(b), each party has 14
days within which to request 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).
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-1 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.
1

Case 1:12-vv-00476-UNJ Document 63 Filed 07/14/16 Page 2 of 7
alleged stroke or any other injury, and denies that Mr. Bondi’s death was a sequela of his alleged
vaccine-related injury. Stipulation at ¶ 6. 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 in compensation:
(1) A lump sum of $9,000.00 in the form of a check payable to petitioner, as legal
representative of the estate of Elio Bondi. This amount represents compensation for
all damages that would be available under 42 U.S.C. § 300aa-15(a).
Id. at ¶ 8.
The undersigned approves the requested amount for petitioner’s compensation.
Accordingly, the clerk of the court SHALL ENTER JUDGMENT in accordance with the terms
of the parties’ stipulation.3
IT IS SO ORDERED.
s/Nora Beth Dorsey
Nora Beth Dorsey
Chief 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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