VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_13-vv-00705
Package ID: USCOURTS-cofc-1_13-vv-00705
Petitioner: Salvatore J. Carroccia
Filed: 2013-09-20
Decided: 2017-08-23
Vaccine: influenza
Vaccination date: 2010-09-20
Condition: acute disseminated encephalomyelitis
Outcome: compensated
Award amount USD: 450000

AI-assisted case summary:
Charlene Carroccia Guadagno, as Administratrix of the Estate of Salvatore J. Carroccia, was substituted as petitioner after the original petitioner, Salvatore J. Carroccia, passed away. Mr. Carroccia originally filed a petition on September 20, 2013, alleging that an influenza vaccine administered on September 20, 2010, caused him to develop acute disseminated encephalomyelitis (ADEM) and that his death was a sequela of this vaccine-related injury. The respondent denied that the flu vaccine caused Mr. Carroccia's ADEM, any other injury, or his death. On December 8, 2016, both parties filed a joint stipulation to settle the case. Special Master Thomas L. Gowen found the stipulation to be reasonable and adopted it as the decision of the Court. Petitioner was awarded a lump sum of $450,000.00, payable to the estate Administratrix, as compensation for all remaining damages available under 42 U.S.C. § 300aa-15(a). Michael J. Williams of Cellino and Barnes, P.C. represented the petitioner, and Claudia B. Gangi represented the respondent. The decision was issued on December 9, 2016.

Theory of causation field:
Petitioner alleged that an influenza vaccine administered on September 20, 2010, caused Salvatore J. Carroccia to develop acute disseminated encephalomyelitis (ADEM), and that his subsequent death was a sequela of this vaccine-related injury. Respondent denied causation. The parties entered into a joint stipulation on December 8, 2016, agreeing to a settlement award. Special Master Thomas L. Gowen adopted the stipulation as the Court's decision. The award was a lump sum of $450,000.00, payable to the estate of Salvatore J. Carroccia, represented by Administratrix Charlene Carroccia Guadagno. Petitioner's counsel was Michael J. Williams of Cellino and Barnes, P.C., and respondent's counsel was Claudia B. Gangi. The decision date was December 9, 2016.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_13-vv-00705-0
Date issued/filed: 2017-01-06
Pages: 8
Docket text: PUBLIC DECISION (Originally filed: 12/09/2016) regarding 53 DECISION Stipulation/Proffer ( Signed by Special Master Thomas L. Gowen.)(mpj) Copy to parties.
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Case 1:13-vv-00705-UNJ Document 54 Filed 01/06/17 Page 1 of 8
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 13-705V
Filed: December 9, 2016
* * * * * * * * * * * * * UNPUBLISHED
CHARLENE CARROCCIA GUADAGNO *
as Administratrix of the Estate of Salvatore *
J. Carroccia, *
*
Petitioner, * Special Master Gowen
*
v. * Joint Stipulation on Damages;
* Influenza (“Flu”) Vaccine; Acute
SECRETARY OF HEALTH * Disseminated Encephalomyelitis
AND HUMAN SERVICES, * (“ADEM”)
*
Respondent. *
*
* * * * * * * * * * * * *
Michael J. Williams, Cellino and Barnes, P.C., Buffalo, NY, for petitioner.
Claudia B. Gangi, United States Department of Justice, Washington, DC, for respondent.
DECISION ON JOINT STIPULATION1
On September 20, 2013, Salvatore Carroccia filed a petition pursuant to the National
Vaccine Injury Compensation Program.2 42 U.S.C. §§ 300aa-10 to 34 (2012). Upon his death,
Charlene Carroccia Guadagno (“petitioner”), as Administratrix of his estate, was substituted as
petitioner. Petitioner alleges that as a result of receiving an influenza (“flu”) vaccine on
September 20, 2010, Mr. Carroccia developed acute disseminated encephalomyelitis (“ADEM”),
and that Mr. Carroccia’s death was the sequela of his alleged vaccine-related injury. Petition at
Preamble.
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 1:13-vv-00705-UNJ Document 54 Filed 01/06/17 Page 2 of 8
On December 8, 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.
Carroccia’s alleged ADEM, any other injury, or his death. 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:
a. A lump sum of $450,000.00 in the form of a check payable to petitioner as
Administratrix of the estate of Salvatore J. Carroccia. This amount represents
compensation for all remaining 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/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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