VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-00427
Package ID: USCOURTS-cofc-1_20-vv-00427
Petitioner: John Paola
Filed: 2020-04-14
Decided: 2023-09-06
Vaccine: influenza
Vaccination date: 2017-11-10
Condition: cellulitis, myositis, nontraumatic compartment syndrome of the left upper extremity, nontraumatic rhabdomyolysis, and eosinophilia
Outcome: dismissed
Award amount USD: 

AI-assisted case summary:
John Paola filed a petition alleging that he suffered cellulitis, myositis, nontraumatic compartment syndrome of the left upper extremity, nontraumatic rhabdomyolysis, and eosinophilia as a result of his November 10, 2017 influenza vaccination. The petition was filed on April 14, 2020. Respondent filed a Rule 4(c) report recommending against compensation. Petitioner's treating physician provided a letter in support of the claim, but the Special Master determined that a more complete medical opinion would still be necessary. After explaining petitioner's burden of proof, the Special Master ordered petitioner to file either an expert report or a motion to dismiss. Petitioner indicated his intent to voluntarily dismiss the claim, and a Joint Stipulation of Dismissal was filed. The case was subsequently dismissed without prejudice.

Theory of causation field:
unclear

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_20-vv-00427-0
Date issued/filed: 2023-09-06
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 8/9/2023) regarding 42 Order Concluding Proceedings. Signed by Special Master Daniel T. Horner. (sh) Service on parties made.
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Case 1:20-vv-00427-UNJ Document 43 Filed 09/06/23 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-427V
Filed: August 9, 2023
Special Master Horner
JOHN PAOLA,
Petitioner,
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Heather M. Bonnet-Hebert, Feingold Bonnet-Heber, P.C., New Bedford, MA, for
petitioner.
Adam N. Muffet, U.S. Department of Justice, Washington, DC, for respondent.
ORDER CONCLUDING PROCEEDINGS1
On April 14, 2020, petitioner, John Paola, filed a petition under the National
Childhood Vaccine Injury Act, 42 U.S.C. § 300aa, et seq. (2012), alleging that he
suffered cellulitis, myositis, nontraumatic compartment syndrome of the left upper
extremity, nontraumatic rhabdomyolysis, and eosinophilia as a result of his November
10, 2017 influenza (“flu”) vaccination. (ECF No. 1.) On November 16, 2020, he filed his
Statement of Completion. (ECF No. 16.) On February 15, 2022, respondent filed his
Rule 4(c) report, recommending against compensation. (ECF No. 28.) Petitioner
subsequently filed a letter from his treating physician in support of his claim on May 3,
2023. (ECF No. 37.) However, I issued an order advising a more complete medical
opinion would still be necessary. (ECF No. 39.) After explaining petitioner’s burden of
proof, I ordered petitioner to file either an expert report consistent with his burden or a
motion to dismiss. (Id.) On August 7, 2023, petitioner filed a status report indicating his
1 Because this document contains a reasoned explanation for the action taken in this case, it must be
made publicly accessible and will be posted on the United States Court of Federal Claims' website, and/or
at https://www.govinfo.gov/app/collection/uscourts/national/cofc, in accordance with the E-Government
Act of 2002. 44 U.S.C. § 3501 note (2018) (Federal Management and Promotion of Electronic
Government Services). This means the document 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.
1

Case 1:20-vv-00427-UNJ Document 43 Filed 09/06/23 Page 2 of 2
intent to voluntarily dismiss his claim. (ECF No. 40.) On August 8, 2023, petitioner filed
a Joint Stipulation of Dismissal on behalf of the parties. (ECF No. 41.)
Accordingly, pursuant to Vaccine Rule 21(a), this case is hereby dismissed
without prejudice. The Clerk of the Court is hereby instructed that a judgment shall
not enter in the instant case pursuant to Vaccine Rule 21(a).
IT IS SO ORDERED.
s/Daniel T. Horner
Daniel T. Horner
Special Master
2