VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_14-vv-00860
Package ID: USCOURTS-cofc-1_14-vv-00860
Petitioner: Antonio Defelice
Filed: 2014-09-17
Decided: 2016-09-13
Vaccine: influenza
Vaccination date: 2012-10-01
Condition: bilateral vision loss
Outcome: compensated
Award amount USD: 25000

AI-assisted case summary:
Antonio Defelice filed a petition for compensation under the National Vaccine Injury Compensation Program on September 17, 2014, alleging that he developed bilateral vision loss as a result of receiving an influenza vaccination on October 1, 2012. The respondent, the Secretary of Health and Human Services, denied that the vaccination caused the petitioner's injury. The parties reached a settlement agreement. On August 15, 2016, they filed a joint stipulation outlining the terms of the settlement. As part of the stipulation, the respondent agreed to pay Antonio Defelice a lump sum of $25,000.00, payable by check to the petitioner, as compensation for all damages. Special Master Mindy Michaels Roth adopted the stipulation and awarded compensation in the agreed-upon amount. The decision was issued on September 13, 2016. The public decision does not describe the specific onset of symptoms, medical tests, treatments, or expert witnesses. Lawrence J. Disparti, Esq., represented the petitioner, and Heather L. Pearlman, Esq., represented the respondent.

Theory of causation field:
Petitioner Antonio Defelice alleged that he developed bilateral vision loss as a result of receiving an influenza vaccine on October 1, 2012. The respondent denied causation. The parties reached a joint stipulation to settle the case, and Special Master Mindy Michaels Roth adopted the stipulation. The settlement included a lump sum payment of $25,000.00 to the petitioner for all damages. The public decision does not specify the theory of causation, the mechanism of injury, or name any medical experts. The decision date was September 13, 2016, and the petition was filed on September 17, 2014. Petitioner's counsel was Lawrence J. Disparti, Esq., and respondent's counsel was Heather L. Pearlman, Esq.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_14-vv-00860-0
Date issued/filed: 2015-11-06
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 10/16/2015) regarding 31 Findings of Fact & Conclusions of Law. Signed by Special Master Lisa Hamilton-Fieldman. (mb) Copy to parties.
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Case 1:14-vv-00860-UNJ Document 33 Filed 11/06/15 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 14-860V
Filed: October 16, 2015
* * * * * * * * * * * * * *
ANTONIO DEFELICE, * UNPUBLISHED
*
Petitioner, * Special Master Hamilton-Fieldman
*
v. *
* Influenza (“Flu”) Vaccine; Bilateral Vision
SECRETARY OF HEALTH * Loss; Ruling Regarding Timing of Onset.
AND HUMAN SERVICES, *
*
Respondent. *
* * * * * * * * * * * * * *
Lawrence Joseph Disparti, Disparti Law Group, PA, Holiday, FL, for Petitioner.
Heather Lynn Pearlman, United States Department of Justice, Washington, DC, for Respondent.
RULING REGARDING FINDING OF FACT1
On September 17, 2014, Antonio Defelice (“Petitioner”) filed a petition pursuant to the
National Vaccine Injury Compensation Program.2 Petitioner alleged that, as a result of receiving
an influenza (“flu”) vaccination on October 1, 2012, he suffered from permanent bilateral vision
loss.
During a status conference held on July 22, 2015, the undersigned observed that the
parties’ experts disagree about the timing of onset of Petitioner’s vision loss, and determined that
a date of onset should be established before the case proceeds to an assessment of causation. See
1 Because this ruling contains a reasoned explanation for the action in this case, the undersigned
intends to post this order on the United States Court of Federal Claims’ website, in accordance
with the E-Government Act of 2002, Pub. L. No. 107-347, § 205, 116 Stat. 2899, 2913 (codified
as amended at 44 U.S.C. § 3501 and note (2006)). In accordance with Vaccine Rule 18(b), a
party has 14 days to identify and move to delete medical or other information that satisfies the
criteria in § 300aa-12(d)(4)(B). Further, consistent with the rule requirement, a motion for
redaction must include a proposed redacted decision. If, upon review, the undersigned agrees
that the identified material fits within the requirements of that provision, such material will be
deleted from public access.
2 The Program comprises Part 2 of the National Childhood Vaccine Injury Act of 1986, 42
U.S.C. §§ 300aa-10 et seq. (hereinafter Vaccine Act or the Act). Hereafter, individual section
references will be to 42 U.S.C. § 300aa of the Act.
1

Case 1:14-vv-00860-UNJ Document 33 Filed 11/06/15 Page 2 of 2
Order, July 23, 2015, at 1. Among other things, the undersigned directed the parties to brief the
onset issue. Id. at 1-2. Petitioner filed his onset brief on October 6, 2015; Respondent filed her
onset brief on October 14, 2015. This case is now ripe for a factual finding regarding the timing
of onset of Petitioner’s bilateral vision loss.
For the reasons set forth in Respondent’s October 14, 2015 brief, the undersigned now
finds, by a preponderance of the evidence, that Petitioner’s symptoms first occurred no later than
October 3, 2012.
The Special Master hereby enters this finding of fact. The Special Master makes no
conclusion as to the significance of this in the context of Petitioner’s claim.
IT IS SO ORDERED.
s/Lisa D. Hamilton-Fieldman
Lisa D. Hamilton-Fieldman
Special Master
2

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DOCUMENT 2: USCOURTS-cofc-1_14-vv-00860-1
Date issued/filed: 2016-09-13
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 8/15/2016) regarding 49 DECISION Stipulation/Proffer. Signed by Special Master Mindy Michaels Roth. (mw) Copy to parties.
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Case 1:14-vv-00860-UNJ Document 50 Filed 09/13/16 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 14-860V
(Filed: August 15, 2016)
* * * * * * * * * * * * *
ANTONIO DEFELICE *
* Decision Based on Joint Stipulation;
* Influenza (“Flu”) Vaccine; Bilateral
Petitioner, * Vision Loss.
*
v. *
*
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * *
Lawrence J. Disparti, Esq., Disparti Law Group, PA, Holiday, FL, for petitioner.
Heather L. Pearlman, Esq., US Department of Justice, Washington, DC, for respondent.
DECISION ON JOINT STIPULATION1
Roth, Special Master:
On September 17, 2014, Antonio Defelice [“petitioner”] filed a petition for compensation
under the National Vaccine Injury Compensation Program.2 Petitioner alleges that he developed
bilateral vision loss as a result of receiving an influenza vaccination on October 1, 2012. See
Stipulation, filed August 15, 2016, at ¶¶ 1-4. Respondent denies that the influenza immunization
caused petitioner’s injury. Stipulation at ¶ 6.
Nevertheless, the parties have agreed to settle the case. On August 15, 2016, the parties
filed a joint stipulation agreeing to settle this case and describing the settlement terms.
1 Because this unpublished decision contains a reasoned explanation for the action in this case, I intend to post this
decision on the United States Court of Federal Claims' website, in accordance with the E-Government Act of 2002,
Pub. L. No. 107-347, § 205, 116 Stat. 2899, 2913 (codified as amended at 44 U.S.C. § 3501 note (2006)). In
accordance with Vaccine Rule 18(b), a party has 14 days to identify and move to delete medical or other
information, that satisfies the criteria in 42 U.S.C. § 300aa-12(d)(4)(B). Further, consistent with the rule
requirement, a motion for redaction must include a proposed redacted decision. If, upon review, I agree that the
identified material fits within the requirements of that provision, I will delete such material from public access.
2 National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755. Hereinafter, for ease of
citation, all “§” references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. § 300aa (2012).

Case 1:14-vv-00860-UNJ Document 50 Filed 09/13/16 Page 2 of 7
Respondent agrees to issue the following payment:
A lump sum of $25,000.00 in the form of a check payable to petitioner, Antonio
Defelice. This amount represents compensation for all damages that would be
available under § 300aa-15(a).
I adopt the parties’ stipulation attached hereto, and award compensation in the amount
and on the terms set forth therein. The clerk of the court is directed to enter judgment in
accordance with this decision.3
IT IS SO ORDERED.
s/ Mindy Michaels Roth
Mindy Michaels Roth
Special Master
3 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by each party filing a notice renouncing the
right to seek review.
2

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