VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_19-vv-01763
Package ID: USCOURTS-cofc-1_19-vv-01763
Petitioner: Thomas Joseph Grandinetti
Filed: 2019-11-15
Decided: 2022-02-23
Vaccine: influenza
Vaccination date: 2017-09-18
Condition: Shoulder Injury Related to Vaccine Administration (SIRVA)
Outcome: compensated
Award amount USD: 37500

AI-assisted case summary:
Thomas Joseph Grandinetti filed a petition pro se on November 15, 2019, alleging he suffered a Shoulder Injury Related to Vaccine Administration (SIRVA) after receiving an influenza vaccine on September 18, 2017. He later filed an amended petition on June 19, 2020. The respondent, the Secretary of Health and Human Services, denied that the vaccines caused his alleged injuries or any other injury or his current condition. The parties, represented by Matthew F. Belanger of Faraci Lange, LLP for the petitioner and Kyle Pozza of the U.S. Department of Justice for the respondent, reached a stipulation to settle the case. The stipulation provided for a lump sum payment of $37,500.00 to Mr. Grandinetti as compensation for all damages. Special Master Thomas L. Gowen entered judgment in accordance with the stipulation. The decision date was February 23, 2022.

Theory of causation field:
Petitioner Thomas Joseph Grandinetti alleged a Shoulder Injury Related to Vaccine Administration (SIRVA) following an influenza vaccine administered on September 18, 2017. The respondent denied causation. The parties reached a stipulation for settlement, and Special Master Thomas L. Gowen entered judgment awarding compensation. The case was compensated via a lump sum of $37,500.00. The theory of causation was based on the Vaccine Injury Table. Petitioner was represented by Matthew F. Belanger and respondent by Kyle Pozza. The decision date was February 23, 2022.

Public staged source text:

================================================================================
DOCUMENT 1: USCOURTS-cofc-1_19-vv-01763-0
Date issued/filed: 2022-02-23
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 1/20/2022) regarding 48 DECISION Stipulation. Signed by Special Master Thomas L. Gowen. (slw) Service on parties made.
--------------------------------------------------------------------------------
Case 1:19-vv-01763-UNJ Document 50 Filed 02/23/22 Page 1 of 2
In the United States Court of Federal Claims
Office of Special Masters
Filed: February 23, 2022
* * * * * * * * * * * * *
THOMAS JOSEPH GRANDINETTI, *
*
Petitioner, * No. 19-1763V
*
v. * Special Master Gowen
*
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
* * * * * * * * * * * * *
Matthew F. Belanger, Faraci Lange, LLP, Rochester, NY, for petitioner.
Kyle Pozza, U.S. Department of Justice, Washington, D.C., for respondent.
DECISION ON STIPULATION1
On November 15, 2019, Thomas Joseph Grandinetti (“petitioner”), filed a petition pro se
for compensation under the National Vaccine Injury Program.2 Petition (ECF No. 1). On June
19, 2020, petitioner filed an amended petition. Amended Petition (ECF. No. 26). Petitioner
alleges that he suffered a Shoulder Injury Related to Vaccine Administration (“SIRVA”) as a
result of receiving the influenza (“flu”) vaccine on September 18, 2017. Id.
On January 19, 2022, respondent filed a stipulation providing a decision should be
entered awarding compensation to petitioner. Stipulation (ECF No. 47). Respondent denies that
the vaccines are the cause of petitioner’s alleged injuries, or any other injury or her current
1 Pursuant to the E-Government Act of 2002, see 44 U.S.C. § 3501 note (2012), because this opinion contains a
reasoned explanation for the action in this case, I am required to post it on the website of the United States Court of
Federal Claims. The court’s website is at http://www.uscfc.uscourts.gov/aggregator/sources/7. This means the
opinion will be available to anyone with access to the Internet. Before the opinion is posted on the court’s
website, each party has 14 days to file a motion requesting 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). “An objecting party must provide the court with a proposed redacted version of the
decision.” Id. If neither party files a motion for redaction within 14 days, the opinion will be posted on the
court’s website without any changes. Id.
2 The National Vaccine Injury Compensation Program is set forth in Part 2 of the National Childhood Vaccine
Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755, codified as amended, 42 U.S.C. §§ 300aa-1 to -34 (2012)
(Vaccine Act or the Act). All citations in this decision to individual sections of the Vaccine Act are to 42 U.S.C.A. §
300aa.

Case 1:19-vv-01763-UNJ Document 50 Filed 02/23/22 Page 2 of 2
condition. Id. at ¶ 6. Nevertheless, maintaining their respective positions, the parties now agree
that the issues between them shall be settled and that a decision should be entered awarding the
compensation to the petitioner according to the terms of the stipulation attached hereto as
Appendix A. Id. at ¶ 7.
The stipulation provides:
a) A lump sum of $37,500.00 in the form of a check payable to petitioner. This
amount represents compensation for all damages that would be available under
42 U.S.C. § 300aa-15(a).
Accordingly, the Clerk of the Court SHALL ENTER JUDGMENT in accordance with
the terms of the stipulation and this decision.3
IT IS SO ORDERED.
s/Thomas L. Gowen
Thomas L. Gowen
Special Master
3 Entry of judgment is expedited by each party’s filing notice renouncing the right to seek review. Vaccine Rule
11(a).
2