VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-00502 Package ID: USCOURTS-cofc-1_20-vv-00502 Petitioner: Dean Piermattei Filed: 2020-04-24 Decided: 2024-02-05 Vaccine: influenza Vaccination date: 2018-09-26 Condition: Guillain-Barré syndrome (GBS) and Chronic Inflammatory Demyelinating Polyneuropathy (CIDP) Outcome: compensated Award amount USD: 85000 AI-assisted case summary: Dean Piermattei filed a petition on April 24, 2020, seeking compensation under the National Vaccine Injury Compensation Program. He alleged that he suffered from Guillain-Barré syndrome (GBS) and Chronic Inflammatory Demyelinating Polyneuropathy (CIDP) as a result of an influenza vaccination he received on September 26, 2018. The respondent denied that the flu vaccine caused petitioner's alleged GBS and/or CIDP, or any other injury, and denied that his current condition was a sequela of a vaccine-related injury. Despite these denials, both parties agreed to settle the issues and award compensation. Special Master Katherine E. Oler reviewed the file and adopted the parties' stipulation as her decision. The stipulation awards a lump sum of $85,000.00, payable to Petitioner, as compensation for all damages. Petitioner was represented by Lawrence R. Cohan of Saltz Mongeluzzi & Bendesky, and Respondent was represented by Katherine Esposito of the U.S. Department of Justice. The decision was issued on February 5, 2024. Theory of causation field: Petitioner Dean Piermattei received an influenza vaccine on September 26, 2018, and alleged he suffered from Guillain-Barré syndrome (GBS) and Chronic Inflammatory Demyelinating Polyneuropathy (CIDP) as a result. The respondent denied that the vaccine caused the alleged injuries or that the condition was a sequela of a vaccine-related injury. The parties entered into a joint stipulation to settle the case, agreeing that a decision should be entered awarding compensation. The stipulation does not detail the specific medical mechanism or expert testimony relied upon, but acknowledges that the alleged GBS is contained within the Vaccine Injury Table. Special Master Katherine E. Oler adopted the stipulation as her decision. The award consists of a lump sum of $85,000.00 to Petitioner for all damages. Petitioner was represented by Lawrence R. Cohan, and Respondent by Katherine Esposito. The decision was issued on February 5, 2024. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_20-vv-00502-0 Date issued/filed: 2024-02-05 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 1/2/2024) regarding 65 DECISION of Special Master - Stipulation. Signed by Special Master Katherine E. Oler. (sl) Service on parties made. -------------------------------------------------------------------------------- Case 1:20-vv-00502-UNJ Document 66 Filed 02/05/24 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 20-502V (not to be published) * * * * * * * * * * * * * * * * * * * * * * * * * * * * DEAN PIERMATTEI, * * Filed: January 2, 2024 Petitioner, * * * v. * * SECRETARY OF HEALTH AND * HUMAN SERVICES, * * * Respondent. * * * * * * * * * * * * * * * * * * * * * * * * * * * * Lawrence R. Cohan, Saltz Mongeluzzi & Bendesky, Philadelphia, PA, for Petitioner Katherine Esposito, U.S. Department of Justice, Washington, DC, for Respondent DECISION ON JOINT STIPULATION1 On April 24, 2020, Dean Piermattei (“Petitioner”) filed a petition seeking compensation under the National Vaccine Injury Compensation Program (“the Vaccine Program”).2 Pet., ECF No. 1. Petitioner alleges he suffered from Guillain-Barré syndrome (“GBS”) and Chronic Inflammatory Demyelinating Polyneuropathy (“CIDP”) as a result of the influenza (“flu”) vaccination he received on September 26, 2018. See Stipulation ¶ 2, 4, dated January 2, 2024 (ECF No. 64); see also Petition. 1 Although this Decision has been formally designated “not to be published,” it will nevertheless be posted on the Court of Federal Claims’ website in accordance with the E-Government Act of 2002, 44 U.S.C. § 3501 (2012). This means the Decision 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 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. 3755 (codified as amended at 42 U.S.C. §§ 300aa-10–34 (2012)) (hereinafter “Vaccine Act” or “the Act”). All subsequent references to sections of the Vaccine Act shall be to the pertinent subparagraph of 42 U.S.C. § 300aa. Case 1:20-vv-00502-UNJ Document 66 Filed 02/05/24 Page 2 of 7 Respondent denies “that petitioner sustained a GBS Table injury; denies that the flu vaccine caused petitioner’s alleged GBS and/or CIDP, or any other injury; and denies that his current condition is a sequela of a vaccine-related injury.” See Stipulation ¶ 6. Nonetheless, both parties, while maintaining their above-stated positions, agreed in a stipulation filed January 2, 2024, that the issues before them can 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 is reasonable. I therefore adopt it as my decision in awarding damages on the terms set forth therein. The stipulation awards: a lump sum of $85,000.00 in the form of a check payable to petitioner. Stipulation ¶ 8. This award represents compensation for all damages that would be available under 42 U.S.C. § 300aa-15(a). I approve a Vaccine Program award in the requested amount set forth above to be made to Petitioner. 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/ Katherine E. Oler Katherine E. Oler Special Master 3 Pursuant to Vaccine Rule 11(a), the parties may expedite entry of judgment by jointly filing notice renouncing their right to seek review. Case 1:20-vv-00502-UNJ Document 66 Filed 02/05/24 Page 3 of 7 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPF:CIAL MASTERS 01:/\N l'IERM/\TTU, Petitioner. No. 20-502V (l:{TJ Special Master Oler SLClff I 1\R Y OF IIE/\1.TH /\ND lllltvl/\N SERVICES. l{c~pondcnt. STIPULATION The parties hereh~ stipulate to the folio\\ ing mailers: I. 1\:titioner. Dean Pk:nnatlei. filed a petition lCeb C()111pcn~atitl!1 li.ir (iuillain Barro:: S~ndrtimc ("(il3S. . ) and Clll\mic n:c1.·ipt of an i11tlue111a ("flu") ,accirn:, \\hil.:h is contained in the Vaccine lnjur~ I able (the ··(able .. ). -12 C.1-.R. ~ 100 .. 1 (a). Petitioner rec:ei,·ed a flu ,·,H:cinc on September 26.2018. ' I he, acL·ine ,,as administered" ithin the l lnih:d Swtes. J. -L P1.·titioncr alleges that a<; a result or rccei,·ing the flu ,·accination. he sul'lcred (il)S and CIDP. I le further alleges that he has experil.:nced the rc~idual effect!-. of these conditions liw more than six llllllllhs. 5. Pctitil11Kr repn:sents that there has been no prior ,l\\ard or se11lc111cnt llr a ci, ii action for damag,:s 011 his bd1alfas a rcsult of his conditions. Case 1:20-vv-00502-UNJ Document 66 Filed 02/05/24 Page 4 of 7 6. Respondent denies that petitioner sustained a Gl3S Table injur>·: denies that the tlu \'accine caused petitioncr"s alkged GUS and/or CIDP. or an~ other injut'): and denies that his current condition is a scqucla of a vaccine-related injury. 7. Mnintaining their abo\'c-statecl positions. the parties ne, erthdess 110\\ agree that thl' issues bc1,,een them shall be senlcd and that a decision should be entered .l\\arding the compensation described in paragraph 8 of this Stipulation. 8. /\<:-soon as practicable alkr an cntr> of judgment reflecting a decision consistent ,, ith the 11:rms of thi<:-Stipulation. and a lier petitioner has tiled an election to recei, c * w mpcnsation pt1Nian1 10 -t2 t I.S.C. .100aa-2 I( a)( I). the Secretary or I h:ahh and I luman Sen ices \\ ill iS)lle the fol l1n, ing \'ace inc cornpen)ation I"'> mcnt: 1\ lump sum ol'~MS,000.00 in 1he form or a check pa> able 10 petitioner. ·1h i, amount n:pre1;e111) compen,ation li.w all damages that ,,ould he nvailahlc under -t2 ll.S.C'. * 300aa-I S( a). lJ. As s1)0Jl as prm:1icabk al'tcr the entr> of judgment on c111itlemc111 in thi.., ca<;e. and afl1.-r petitioner has filed both a proper and timely election t1) rccei,c compen~ation pursuant to * -t2 U.S.l'. 300aa-2 l(a)( I). and an application. the partie<; \\ ill suhmit to li1rther pr1H.:ecdings before Lill.' ~pecial master hi ,l\\ ard rea!-.onable a11ornc> s· l~·e~ and costs incurred in proceeding upon this petition. I 0. Petitioner and his allorne:- represent that 1.·ompcn,;atil111 to be pn.)\ ided pursuant to this Stipulation i<; not for an:- item~ or scn ices for ,,hich the Program is not primaril> liable un State compensation pnigrarns. insurancc policies. Federal or State health bcnclih programs (other than Titk XIX ()fthe St)cial Sccurit> t\ct (➔2 Ll.S.C. ~ 1396 ct seq.)). (11· b> entities that pro, idc health sen ice!'> on a pre-paid ba._i .... ') Case 1:20-vv-00502-UNJ Document 66 Filed 02/05/24 Page 5 of 7 11. Paymcnl made pursuant to paragraph 8 and an) amounts ,marcled pursuant 10 paragraph 9 of this Stip11la1ion "ill be mack in accordancl:! "ith 42 U.S.C. § 300aa-I 5( i). s11b_icc1 In the a\·ailabilil) or sufficient s1a1utor) funds. 12. ·1h e panics and 1hcir attorne) s f'ur1hcr agrl'C and s1ip11la1c thal. e:xcept for an~ a\\ ard for at1orne) s • Ices. and li1igation 1:osb. the 1110111::) prm ided pursuanl 10 this Stipul,11ion \\ ill be used sokly for the benefit of petitioner as contemplated b~ a stric1 construction of42 .n l J.S.C. § .100aa-I 5(a) <1nd (d ). and subjecl 10 the conditions nr U .S.C. § 300aa-I 5(g) and (h }. I .1. In rclurn for 1hc paymen1s described in paragraphs 8 and 9. pe1i1ioncr. in his indi\ idual rnpacit) and on behalf of his heirs. c:--ccuinrs. administrnlors. suc1:cssors or assigns. docs forcn:r irre\o<:ahl) and unconditionally relca'-1.!. acquit and discharge the United States and thl.! Sccrdar) of I kallh and I luman Sen ices from ,Ill) and all actions or causes of action ( including agreement:-,. judgmenls. <:!aims. damages. loss or sen ices. e:-..:penses and all demands or\\ hate\ er kind or 11.llure) that Im\ c been broughl. could IHn e been bn1t1gh1. \)r C\1t1ld be t imcl:, brought in the ( ·ourt or l·ederal Claim .... under the I ational Va1:dne ln_jur:, Compcnsatilln Program. 42 l I.S.C. § 300aa-IO ct -;cq .. on account or. or in an~ \\ ay gRm ing out ot: any and all k1w\, n or unkno\\ 11. ~uspe<:h:d or u11suspe1:tcd personal injuries to or dealh of' pclit ioner rcsull ing from. \ll' alleged tt1 lw\·c resulted from a flu \Hl.'Cine administered on September 26. 2018. as alleged b:, petitioncr in a petili\lll for\ an:inc compensation filed on \II' about t\pril 2-l. 2020. in the l lnited State!-Court or Federal Claims as pctiti\)ll No. 20-502V. 1-L 11· petitioner should die prior to enlr~ of_judgment. this agrccmcnt shall be , oidahlc upon pwper 11\lt ice the Court on belwtr or either \lr both of' the parties. I\) 15. Ir the !->f)Cl.'ial ma::,ter fai b to i::,::,ue a dc<:i:--ion in rnmpldc 1:011fi.1rn1it~ \\ ith the terms or thi:-- Stipulation or if the (.\1urt or Federal Claims fails t() cllltT _judgment in ninrormit~ 3 Case 1:20-vv-00502-UNJ Document 66 Filed 02/05/24 Page 6 of 7 ,, ith a dedsion that is in complete rnnformit:, ,, ith the terms of this Stipulation. then the parties· setllement and this S1ip11la1ion shall be \'oidablc at the sole cliscre1ion of either party. 16. ·1h is Stipulation expresses a full and complete negotiated selllement of liahilit:, and damages claimed umlcr the National Childhood Vm:cine lnjur:, /\cl of 1986. as mm:nckd. except as othcrn isc noted in paragraph 9 abo, e. I here is ahsolutel) no agrec.:mcnt on the part or the parties hereto to make an) pa) nH.:nt or to do an:, act or thing other than b herein e:-..prcssl) slated and clearly agreed to. The parties further agn:c and understand that the a,,ard ll sought. is not gmunds to modi I~ or re,·isc this agrec1m:111. 17. rhi-; Stipulation shall 1101 be c1111stn11:d as an admissitin b: the United States tir the Secrctar:, of I lcahh and I luman Sen ices that the 1111 , an:inc caused petitik\ P.C' . . 1 )CJ"t) ace .. :?"" FlmH • Ci\'il Di, i>iOll 1650 Market Stn:L't U.S. Department of Justice Philadelphia. P1\ 19103 P.O. Uox 1-16 (215) 575-3887 lknjamin Franklin Station lcohnn'a smbb.com \\·a~hingtt>n. DC: :?00-1-1-01-16 AUTHORIZE!> REPRESENTATl\'E ATTORNEY OF !{ECORD FOR OF TIIE SF:CRF:TARY OF IIEALTII RESPONDENT: AND lllll\lAN SF:RVICES: ry P. Hen 09,t.1ll1s•9n.:db1lkw)• P Mcnullan •SS b: Mcmillan -S5 ~','~02013 '' o, "3., ii ~:~~,~~ CDR Gl:OR(iE RITD GRIMES. ~lD. i\lPI I K/\TIII.RINE C. FSPOSI ro Director. Di, is ion of I njur:, Trial /\ttorne: Compensation Programs ·1o rt~ Uranch 1l cnlth S)·~tcms Bureau Ci\'il Dh·ision I lcallh Rc,ourcc~ and Sen ices U.S. Department of .lu,ticc Administration P.O. Box 1-16 ll.S. Department or I lcalth lknjamin 1-'ranklin Station and I luman Scn·iccs Washington. I)(' 200-1..J-0 1-16 5600 Fi<;hers l.:mc. 08\\'-25A eo2) 3os-.n1..i Rock\'ille. i\lD 20857 kathcrine.csposito'a 11:.doj.l.!o,