VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-00785 Package ID: USCOURTS-cofc-1_17-vv-00785 Petitioner: John Colapietro Filed: 2017-06-13 Decided: 2019-04-08 Vaccine: influenza Vaccination date: 2015-09-09 Condition: chronic inflammatory demyelinating polyneuropathy Outcome: compensated Award amount USD: 140000 AI-assisted case summary: John Colapietro filed a petition for compensation under the National Vaccine Injury Compensation Program on June 13, 2017. He alleged that he developed chronic inflammatory demyelinating polyneuropathy (CIDP) after receiving an influenza vaccine on September 9, 2015, and a Prevnar-13 vaccine on October 26, 2015. The respondent, the Secretary of Health and Human Services, denied that these immunizations caused his alleged injury. Despite the respondent's denial, the parties reached a settlement. On March 14, 2019, they filed a joint stipulation agreeing to resolve the case. As part of the stipulation, the respondent agreed to pay Mr. Colapietro a lump sum of $140,000.00, payable by check to the petitioner. This amount was intended to compensate for all damages available under the program. Special Master Mindy Michaels Roth adopted the parties' stipulation and awarded the compensation. The decision was designated "unpublished" but was posted on the Court of Federal Claims's website. Petitioner's counsel was Amber Wilson, Esq., and respondent's counsel was Mallori Openchowski, Esq. The specific theory of causation, whether Table or Off-Table, was not detailed in the public decision. Theory of causation field: Petitioner John Colapietro alleged he developed chronic inflammatory demyelinating polyneuropathy (CIDP) after receiving an influenza vaccine on September 9, 2015, and a Prevnar-13 vaccine on October 26, 2015. Respondent denied causation. The parties reached a settlement via joint stipulation filed March 14, 2019. The stipulation did not detail the specific theory of causation. Special Master Mindy Michaels Roth adopted the stipulation. Respondent agreed to pay a lump sum of $140,000.00 to petitioner. Petitioner's counsel was Amber Wilson, Esq., and respondent's counsel was Mallori Openchowski, Esq. Decision date was April 8, 2019. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_17-vv-00785-0 Date issued/filed: 2019-04-08 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 03/14/2019) regarding 36 DECISION Stipulation/Proffer. Signed by Special Master Mindy Michaels Roth. (km) Service on parties made. -------------------------------------------------------------------------------- Case 1:17-vv-00785-UNJ Document 40 Filed 04/08/19 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 17-785V Filed: March 14, 2019 * * * * * * * * * * * * * * * JOHN COLAPIETRO, * UNPUBLISHED * Petitioner, * v. * Decision on Joint Stipulation; Chronic * Inflammatory Demyelinating * Polyneuropathy (“CIDP”); Influenza * (“Flu”) and Prevnar-13 Vaccines * SECRETARY OF HEALTH * AND HUMAN SERVICES, * * Respondent. * * * * * * * * * * * * * * * * Amber Wilson, Esq., Maglio, Christopher & Toale, Washington, DC, for petitioner. Mallori Openchowski, Esq., US Department of Justice, Washington, DC, for respondent. DECISION ON JOINT STIPULATION1 Roth, Special Master: On June 13, 2017, John Colapietro (“Mr. Colapietro or “petitioner”) filed a petition for compensation under the National Vaccine Injury Compensation Program.2 Petitioner alleged that he developed chronic inflammatory demyelinating polyneuropathy (“CIDP”) after receiving an influenza (“flu”) vaccine on September 9, 2015 and a Prevnar-13 vaccine on October 26, 2015. Stipulation, filed March 14, 2019, at ¶¶ 1-4. Respondent denies that any of the aforementioned immunizations caused petitioner’s injury. Stipulation at ¶ 6. 1 Although this Decision has been formally designated “unpublished,” it will nevertheless be posted on the Court of Federal Claims’s website, in accordance with the E-Government Act of 2002, Pub. L. No. 107- 347, 116 Stat. 2899, 2913 (codified as amended at 44 U.S.C. § 3501 note (2006)). This means the Decision will be available to anyone with access to the internet. 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 will be available to the public. Id. 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). 1 Case 1:17-vv-00785-UNJ Document 40 Filed 04/08/19 Page 2 of 7 Nevertheless, the parties have agreed to settle the case. On March 14, 2019, the parties filed a joint stipulation agreeing to settle this case and describing the settlement terms. Respondent agrees to issue the following payment: A lump sum of $140,000.00 in the form of a check payable to petitioner, John Colapietro. 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 Case 1:17-vv-00785-UNJ Document 40 Filed 04/08/19 Page 3 of 7 Case 1:17-vv-00785-UNJ Document 40 Filed 04/08/19 Page 4 of 7 Case 1:17-vv-00785-UNJ Document 40 Filed 04/08/19 Page 5 of 7 Case 1:17-vv-00785-UNJ Document 40 Filed 04/08/19 Page 6 of 7 Case 1:17-vv-00785-UNJ Document 40 Filed 04/08/19 Page 7 of 7