VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_16-vv-01486
Package ID: USCOURTS-cofc-1_16-vv-01486
Petitioner: Marie Cavallaro
Filed: 2017-10-05
Decided: 2017-11-14
Vaccine: influenza
Vaccination date: 2014-09-24
Condition: inflammatory polyneuropathy
Outcome: compensated
Award amount USD: 373139

AI-assisted case summary:
On November 10, 2016, Doreen Stewart, as Administrator of the Estate of Marie Cavallaro, filed a petition with the National Vaccine Injury Compensation Program. The petition alleged that Ms. Cavallaro suffered from an inflammatory polyneuropathy, which led to her death, as a result of an influenza vaccine received on September 24, 2014. The respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused Ms. Cavallaro's condition or death. Despite maintaining their respective positions, both parties agreed to settle the case through a stipulation filed on October 5, 2017. Special Master Brian H. Corcoran reviewed the stipulation and found it to be reasonable, adopting it as the decision of the court. The stipulation awarded a lump sum of $370,000.00 for all available damages, payable to Petitioner as the legal representative of the Estate of Marie Cavallaro. Additionally, a lump sum of $3,139.83 was awarded to reimburse the State of New York Medicaid lien, payable jointly to Petitioner and the New York State Department of Health. The public decision does not describe the specific onset of symptoms, medical tests performed, treatments received, or the names of any medical experts consulted. The specific mechanism by which the vaccine allegedly caused the injury is also not detailed in the public decision. Judgment was entered accordingly.

Theory of causation field:
Petitioner alleged that Marie Cavallaro suffered from inflammatory polyneuropathy leading to her death as a result of an influenza vaccine received on September 24, 2014. Respondent denied causation. The parties reached a stipulation for settlement on October 5, 2017. The stipulation awarded a lump sum of $370,000.00 for all damages and $3,139.83 for the State of New York Medicaid lien. Special Master Brian H. Corcoran adopted the stipulation as the decision. The public decision does not detail the specific theory of causation, medical experts, or the mechanism of injury.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_16-vv-01486-0
Date issued/filed: 2017-11-14
Pages: 8
Docket text: PUBLIC DECISION (Originally filed: 10/05/2017) Regarding 26 DECISION Stipulation (Signed by Special Master Brian H. Corcoran). (cr) Copy to parties.
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Case 1:16-vv-01486-UNJ Document 35 Filed 11/14/17 Page 1 of 8
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 16-1486V
(not to be published)
* * * * * * * * * * * * * * * * * * * * * * * * *
DOREEN STEWART, as Administrator of *
the Estate of MARIE CAVALLARO , * Special Master Corcoran
*
Petitioner, * Filed: October 5, 2017
*
v. *
* Decision by Stipulation; Damages;
SECRETARY OF HEALTH * Influenza (“flu”) Vaccine;
AND HUMAN SERVICES, * Inflammatory Polyneuropathy.
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * *
John Robert Howie, Howie Law, Dallas, TX, for Petitioner.
Mallori Openchowski, U.S. Dep’t of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On November 10, 2016, Doreen Stewart filed a petition on behalf of the Estate of Marie
Cavallaro, seeking compensation under the National Vaccine Injury Compensation Program
(“Vaccine Program”).2 Petitioner alleges that Ms. Cavallaro suffered from an inflammatory
polyneuropathy, leading to her death, as a result of the influenza (“flu”) vaccine she received on
September 24, 2014.
1 Although this Decision has been formally designated “not to be published,” it will nevertheless be posted on the
Court of Federal Claims’s website in accordance with the E-Government Act of 2002, 44 U.S.C. § 3501 (2012). This
means the ruling will be available to anyone with access to the internet. As provided by 42 U.S.C. § 300aa-
12(d)(4)(B), however, the parties may object to the decision’s inclusion of certain kinds of confidential information.
Specifically, under Vaccine Rule 18(b), each party has fourteen 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). Otherwise, the whole decision in its present form will be
available. Id.
2 The Vaccine Program comprises Part 2 of the National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660,
100 Stat. 3758, codified as amended at 42 U.S.C. §§ 300aa-10 through 34 (2012) (“Vaccine Act” or “the Act”).

Case 1:16-vv-01486-UNJ Document 35 Filed 11/14/17 Page 2 of 8
Respondent denies that the flu vaccine caused Ms. Cavallaro’s inflammatory
polyneuropathy, any other injury, or her death. Nonetheless both parties, while maintaining their
above-stated positions, agreed in a stipulation (filed on October 5, 2017) that the issues before
them could be settled, and that a decision should be entered awarding Petitioner compensation.
I have reviewed the file, and based upon that review, I conclude that the parties’ stipulation
(as attached hereto) is reasonable. I therefore adopt it as my decision in awarding damages on the
terms set forth therein.
The stipulation awards:
 a) A lump sum of $370,000.00, which amount represents all available damages, in the
form of a check payable to Petitioner, as legal representative of the Estate of Marie
Cavallaro; and
 b) A lump sum of $3,139.83, representing reimbursement of the State of New York
Medicaid lien, in the form of a check payable jointly to Petitioner and
New York State Department of Health
P.O. Box 415874
Boston, MA 02241.
Stipulation ¶ 8. These amounts represent compensation for all damages that would be available
under Section 15(a) of the Act.
I approve a Vaccine Program award in the requested amounts set forth above. In the
absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of the Court is
directed to enter judgment herewith.3
IT IS SO ORDERED.
/s/ Brian H. Corcoran
Brian H. Corcoran
Special Master
3 Pursuant to Vaccine Rule 11(a), the parties may expedite entry of judgment by each filing (either jointly or separately)
a notice renouncing their right to seek review.
2

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