VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-00718
Package ID: USCOURTS-cofc-1_20-vv-00718
Petitioner: Frank Poleto
Filed: 2021-01-15
Decided: 2021-05-24
Vaccine: influenza
Vaccination date: 2019-01-05
Condition: Guillain-Barre Syndrome (GBS)
Outcome: compensated
Award amount USD: 159435

AI-assisted case summary:
Frank Poleto filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that he suffered from Guillain-Barre Syndrome (GBS) as a result of an influenza vaccine he received on January 5, 2019. The respondent conceded that Mr. Poleto suffered from GBS and that his case met the criteria for a Table injury, affording him a presumption of causation. The respondent's concession was based on the fact that the onset of GBS occurred within the Table's specified timeframe after the flu vaccination, and there was no more likely alternative diagnosis or apparent alternative cause. Based on the respondent's concession and the evidence of record, the court issued a ruling on entitlement, finding Mr. Poleto entitled to compensation. Subsequently, the parties reached a stipulation for damages. The court awarded Mr. Poleto a lump sum payment of $159,435.78, which included $157,500.00 for pain and suffering and $1,935.78 for out-of-pocket medical costs and related expenses. This award represented all damages available under the Vaccine Act.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_20-vv-00718-0
Date issued/filed: 2021-03-03
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 01/15/2021) regarding 22 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:20-vv-00718-UNJ Document 27 Filed 03/03/21 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-0718V
UNPUBLISHED
FRANK POLETO, Chief Special Master Corcoran
Petitioner, Filed: January 15, 2021
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.
Matthew F. Belanger, Faraci Lange, LLP, Rochester, NY, for petitioner.
Amanda Pasciuto, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
On June 15, 2020, Frank Poleto 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 from Guillain-Barre Syndrome (“GBS”)
as a result of an influenza (“flu”) vaccine received on January 5, 2019. Petition at 1. The
case was assigned to the Special Processing Unit of the Office of Special Masters.
On January 15, 2021, 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 agrees that “petitioner suffered from GBS, and that he has
satisfied the criteria set forth in the revised Vaccine Injury Table (Table) and the
Qualifications and Aids to Interpretation (“QAI”) which afford him a presumption of vaccine
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 1:20-vv-00718-UNJ Document 27 Filed 03/03/21 Page 2 of 2
causation if the onset of GBS occurs between three and forty-two days after a seasonal
flu vaccination and there is no more likely alternative diagnosis and no apparent
alternative cause.” Id. at 5.
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_20-vv-00718-1
Date issued/filed: 2021-05-24
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 04/22/2021) regarding 31 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:20-vv-00718-UNJ Document 36 Filed 05/24/21 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-0718V
UNPUBLISHED
FRANK POLETO, Chief Special Master Corcoran
Petitioner, Filed: April 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.
Matthew F. Belanger, Faraci Lange, LLP, Rochester, NY, for petitioner.
Amanda Pasciuto, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
On June 15, 2020, Frank Poleto 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 from Guillain-Barre Syndrome (“GBS”)
as a result of an influenza (“flu”) vaccine received on January 5, 2019. Petition at 1. The
case was assigned to the Special Processing Unit of the Office of Special Masters.
On January 15, 2021, a ruling on entitlement was issued, finding Petitioner entitled
to compensation for GBS. On April 21, 2021, Respondent filed a proffer on award of
compensation (“Proffer”) indicating Petitioner should be awarded $159,435.78. Proffer at
1. 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 1:20-vv-00718-UNJ Document 36 Filed 05/24/21 Page 2 of 4
Pursuant to the terms stated in the attached Proffer, I award Petitioner a lump
sum payment of $159,435.78 (including $157,500.00 representative of pain and
suffering and $1,935.78 representative of out of pocket medical costs and related
expenses) 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 1:20-vv-00718-UNJ Document 36 Filed 05/24/21 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
FRANK POLETO,
Petitioner, No. 20-0718V
v. Chief Special Master Brian H. Corcoran
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
PROFFER ON AWARD OF COMPENSATION1
I. Procedural History
On June 15, 2020, Frank Poleto (“petitioner”) filed a petition for compensation
(“Petition”) under the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-1 to -
34 (“Vaccine Act” or “Act”), as amended. He alleges that he suffered from Guillain-Barre
Syndrome (“GBS”) resulting from an influenza (“flu”) vaccination administered on January 5,
2019. See Petition at 1. On January 15, 2021, respondent filed his Vaccine Rule 4(c) report,
concluding that petitioner suffered GBS as defined by the Vaccine Injury Table, within the Table
timeframe. (ECF No. 21). The same day, Chief Special Master Corcoran issued a ruling on
entitlement, finding that petitioner was entitled to compensation for a GBS Table injury. (ECF
No. 22).
II. Items of Compensation
Based upon the evidence of record, respondent proffers that petitioner should be awarded
a lump sum of $159,435.78, for all damages, including $157,500.00 representative of pain and
1 This Proffer does not include attorneys’ fees and costs, which the parties intend to address after the Damages
Decision is issued.

Case 1:20-vv-00718-UNJ Document 36 Filed 05/24/21 Page 4 of 4
suffering, and $1,935.78 representative of out-of-pocket medical and related expenses. This
amount represents all elements of compensation to which petitioner is 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.
III. Form of the Award
Respondent recommends that the compensation provided to petitioner should be made
through a lump sum payment, as described below, and requests that the Chief Special Master’s
decision and the Court’s judgment award the following: A lump sum payment of $159,435.78 in
the form of a check payable to petitioner.2 Petitioner agrees.
Respectfully submitted,
BRIAN M. BOYNTON
Acting Assistant Attorney General
C. SALVATORE D’ALESSIO
Acting Director
Torts Branch, Civil Division
HEATHER L. PEARLMAN
Acting Deputy Director
Torts Branch, Civil Division
/s/ Amanda Pasciuto
AMANDA PASCIUTO
Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146
Benjamin Franklin Station
Washington, D.C. 20044-0146
(202) 616-4847
Amanda.Y.Pasciuto@usdoj.gov
E-Filed: April 21, 2021
2 Should petitioner die prior to entry of judgment, respondent would oppose any award for future medical expenses,
future lost earnings, and future pain and suffering, and the parties reserve the right to move the Court for appropriate
relief.
2