VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_16-vv-00818
Package ID: USCOURTS-cofc-1_16-vv-00818
Petitioner: David Palmieri
Filed: 2016-07-08
Decided: 2017-09-29
Vaccine: quadrivalent influenza
Vaccination date: 2015-10-01
Condition: shoulder injury/rotator cuff tear
Outcome: compensated
Award amount USD: 95000

AI-assisted case summary:
David Palmieri filed a petition for compensation under the National Vaccine Injury Compensation Program on July 8, 2016, alleging that he suffered a shoulder injury/rotator cuff tear as a consequence of receiving a quadrivalent influenza vaccine on October 1, 2015. He asserted that the vaccine was administered in the United States, that he experienced residual effects for more than six months, and that there had been no prior award or settlement for his condition. Respondent denied that the flu vaccine caused the alleged left shoulder injury/rotator cuff tear or any other injury. Despite the denial, the parties filed a joint stipulation on March 7, 2017, agreeing to an award of compensation. The Chief Special Master found the stipulation reasonable and adopted it as the court's decision. David Palmieri was awarded a lump sum of $95,000.00 as compensation for all damages available under the Vaccine Act.

Theory of causation field:
unclear

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_16-vv-00818-0
Date issued/filed: 2017-09-29
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 03/08/2017) regarding 22 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
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Case 1:16-vv-00818-UNJ Document 33 Filed 09/29/17 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 16-0818V
Filed: March 8, 2017
Unpublished
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
DAVID PALMIERI, *
*
Petitioner, * Joint Stipulation on Damages;
v. * Quadrivalent Influenza (“Flu”) Vaccine;
* Shoulder Injury; Rotator Cuff Tear;
SECRETARY OF HEALTH * Special Processing Unit (“SPU”)
AND HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Carol L. Gallagher, Esq., LLC, Linwood, NJ, for petitioner.
Adriana R. Teitel, U.S. Department of Justice, Washington, DC, for respondent.
DECISION ON JOINT STIPULATION1
Dorsey, Chief Special Master:
On July 8, 2016, David Palmieri (“petitioner”), filed a petition for compensation
under the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et
seq.,2 (the “Vaccine Act”). Petitioner alleges that he suffered a shoulder injury/rotator
cuff tear as a consequence of receiving the quadrivalent influenza (“flu”) vaccine on
October 1, 2015. Pet. at 1; Stip., filed Mar. 7, 2017, at ¶¶ 1, 2, 4. Petitioner further
asserts that the vaccine was administered in the United States, that he experienced the
residual effects of his injury for more than six months, and that there has been no prior
award or settlement of a civil action for damages as a result of his condition. Pet. at ¶¶
2, 18, 20-22; Stip. at ¶¶ 3-5. Respondent denies that petitioner’s alleged left shoulder
injury/rotator cuff tear and its residual effects were caused-in-fact by his flu vaccine.
Respondent further denies that the flu vaccine caused petitioner any other injury or his
current condition. Stip. at ¶ 6.
1 Because this unpublished decision contains a reasoned explanation for the action in this case, the
undersigned intends to post it on the United States Court of Federal Claims' website, in accordance with
the E-Government Act of 2002. 44 U.S.C. § 3501 note (2012) (Federal Management and Promotion of
Electronic Government Services). In accordance with Vaccine Rule 18(b), petitioner has 14 days to
identify and move to redact medical or other information, the disclosure of which would constitute an
unwarranted invasion of privacy. If, upon review, the undersigned agrees that the identified material fits
within this definition, the undersigned will redact 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 1:16-vv-00818-UNJ Document 33 Filed 09/29/17 Page 2 of 7
Nevertheless, on March 7, 2017, the parties filed the attached joint stipulation,
stating that a decision should be entered awarding compensation. 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 compensation:
A lump sum of $95,000.00 in the form of a check payable to petitioner,
David Palmieri. Stip. at ¶ 8. This amount represents compensation for all
damages that would be available under 42 U.S.C. § 300aa-15(a). Id.
The undersigned approves the requested amount for petitioner’s compensation.
In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of
the court is directed to enter judgment in accordance with this decision.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 can be expedited by the parties’ joint filing of notice
renouncing the right to seek review.
2

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