VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_19-vv-01040
Package ID: USCOURTS-cofc-1_19-vv-01040
Petitioner: Giovanni Policicchio
Filed: 2019-07-18
Decided: 2021-07-28
Vaccine: influenza
Vaccination date: 2016-10-03
Condition: Guillain-Barre Syndrome (GBS)
Outcome: compensated
Award amount USD: 216958

AI-assisted case summary:
Giovanni Policicchio filed a petition for compensation under the National Vaccine Injury Compensation Program on July 18, 2019, alleging that he suffered Guillain-Barre Syndrome (GBS) as a result of an influenza vaccine administered on October 3, 2016. The respondent filed a Rule 4(c) report conceding that the petitioner is entitled to compensation, as he satisfied the criteria set forth in the Vaccine Injury Table. A ruling on entitlement was issued on May 7, 2020, finding the petitioner entitled to compensation. Subsequently, on June 21, 2021, the respondent filed a proffer on award of compensation, recommending an award of $216,958.59. The petitioner agreed with this proffered award. Based on the record, the Chief Special Master awarded Giovanni Policicchio a lump sum payment of $216,958.59, which included $90,000.00 for pain and suffering and $126,958.59 for past lost wages. The petitioner is a competent adult.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_19-vv-01040-0
Date issued/filed: 2020-06-08
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 05/07/2020) regarding 23 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:19-vv-01040-UNJ Document 26 Filed 06/08/20 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 19-1040V
UNPUBLISHED
GIOVANNI POLICICCHIO, Chief Special Master Corcoran
Petitioner, Filed: May 7, 2020
v.
Special Processing Unit (SPU);
SECRETARY OF HEALTH AND Ruling on Entitlement; Concession;
HUMAN SERVICES, Table Injury; Influenza (Flu) Vaccine;
Guillain-Barre Syndrome (GBS)
Respondent.
Ronald Craig Homer, Conway, Homer, P.C., Boston, MA, for petitioner.
Lara Ann Englund, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
On July 18, 2019, Giovanni Policicchio 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 Guillain-Barre Syndrome (“GBS”) as
a result of an influenza (“flu”) vaccine administered on October 3, 2016. Petition at 1-2.
The case was assigned to the Special Processing Unit of the Office of Special Masters.
On May 1, 2020, Respondent filed his Rule 4(c) report in which he concedes that
Petitioner is entitled to compensation in this case. Respondent’s Rule 4(c) Report at 1.
Specifically, Respondent concludes that “petitioner has satisfied the criteria set forth in
1 Because this unpublished ruling contains a reasoned explanation for the action in this case, I am
required 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). This means the ruling will be available to anyone with access to
the internet. 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, I agree that the identified material fits within this definition, I 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 1:19-vv-01040-UNJ Document 26 Filed 06/08/20 Page 2 of 2
the Vaccine Injury Table (‘Table’) and the Qualifications and Aids to Interpretation
(‘QAI’). 42 C.F.R. §§ 100.3(a)(XIV)(D), 100.3(c)(15).” Id. at 7.
In view of Respondent’s position and the evidence of record, I find that
Petitioner is entitled to compensation.
IT IS SO ORDERED.
s/Brian H. Corcoran
Brian H. Corcoran
Chief Special Master
2

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DOCUMENT 2: USCOURTS-cofc-1_19-vv-01040-1
Date issued/filed: 2021-07-28
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 06/22/2021) regarding 41 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:19-vv-01040-UNJ Document 45 Filed 07/28/21 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 19-1040V
UNPUBLISHED
GIOVANNI POLICICCHIO, Chief Special Master Corcoran
Petitioner, Filed: June 22, 2021
v.
Special Processing Unit (SPU);
SECRETARY OF HEALTH AND Damages Decision Based on Proffer;
HUMAN SERVICES, Influenza (Flu) Vaccine; Guillain-
Barre Syndrome (GBS)
Respondent.
Ronald Craig Homer, Conway, Homer, P.C., Boston, MA, for petitioner.
Lara Ann Englund, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
On July 18, 2019, Giovanni Policicchio 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 Guillain-Barre Syndrome (“GBS”) as a
result of an influenza (“flu”) vaccine administered on October 3, 2016. Petition at 1. The
case was assigned to the Special Processing Unit of the Office of Special Masters.
On May 7, 2020, a ruling on entitlement was issued, finding Petitioner entitled to
compensation. On June 21, 2021, Respondent filed a proffer on award of compensation
(“Proffer”) indicating Petitioner should be awarded $216,958.59. Proffer at 1-2. In the
Proffer, Respondent represented that Petitioner agrees with the proffered award. Id.
Based on the record as a whole, I find that Petitioner is entitled to an award as stated in
the Proffer.
1 Because this unpublished decision contains a reasoned explanation for the action in this case, I am
required 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). This means the decision will be available to anyone with access to the
internet. 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, I agree that the identified material fits within this definition, I 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 1:19-vv-01040-UNJ Document 45 Filed 07/28/21 Page 2 of 4
Pursuant to the terms stated in the attached Proffer, I award Petitioner a lump
sum payment of $216,958.59 (representing compensation in the amount of
$90,000.00 for pain and suffering and $126,958.59 for past lost wages) in the form
of a check payable to Petitioner. This amount represents compensation for all damages
that would be available under § 15(a).
The clerk of the court is directed to enter judgment in accordance with this
decision.3
IT IS SO ORDERED.
s/Brian H. Corcoran
Brian H. Corcoran
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

Case 1:19-vv-01040-UNJ Document 45 Filed 07/28/21 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
GIOVANNI POLICICCHIO, )
)
Petitioner, )
)
v. ) No. 19-1040V
) Chief Special Master Brian Corcoran
SECRETARY OF )
HEALTH AND HUMAN SERVICES, )
)
Respondent. )
)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On May 1, 2020, respondent filed a Vaccine Rule 4(c) report concluding that petitioner
suffered Guillain-Barre Syndrome within the Table timeframe following an influenza
vaccination, which was compensable under the National Childhood Vaccine Injury Act of 1986,
as amended, 42 U.S.C. §§300aa-10 to -34. Accordingly, on May 7, 2020, the Chief Special
Master issued a Ruling on Entitlement.
I. Items of Compensation
Respondent proffers that petitioner should be awarded $90,000.00 for pain and suffering
and $126,958.59 for past lost earnings. These amounts represent all elements of compensation to
which petitioner is entitled under 42 U.S.C. § 300aa-15(a). Petitioner agrees.
II. Form of the Award
Respondent recommends that the compensation provided to petitioner should be made
through a lump sum payment of $216,958.59 in the form of a check payable to petitioner.1 This
1 Should petitioner die prior to entry of judgment, the parties reserve the right to move the Court
for appropriate relief. In particular, respondent would oppose any award for future medical
expenses, future pain and suffering, and future lost wages.

Case 1:19-vv-01040-UNJ Document 45 Filed 07/28/21 Page 4 of 4
lump sum payment represents all elements of compensation to which petitioner would be entitled
under 42 U.S.C. § 300aa-15(a). Petitioner agrees.
Petitioner is a competent adult. Evidence of guardianship is not required in this case.
Respectfully submitted,
BRIAN M. BOYNTON
Acting Assistant Attorney General
C. SALVATORE D’ALESSIO
Acting Director
Torts Branch, Civil Division
HEATHER L. PEARLMAN
Deputy Director
Torts Branch, Civil Division
DARRYL R. WISHARD
Assistant Director
Torts Branch, Civil Division
s/ LARA A. ENGLUND
LARA A. ENGLUND
Assistant Director
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146 Benjamin Franklin Station
Washington D.C. 20044-0146
Tel: (202) 307-3013
E-mail: lara.a.englund@usdoj.gov
Dated: June 21, 2021
2