VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-02005
Package ID: USCOURTS-cofc-1_20-vv-02005
Petitioner: Richard Lombardozzi
Filed: 2020-12-29
Decided: 2024-10-01
Vaccine: influenza
Vaccination date: 2019-09-18
Condition: shoulder injury related to vaccine administration (SIRVA) and Parsonage Turner Syndrome (PTS)
Outcome: compensated
Award amount USD: 50000

AI-assisted case summary:
Richard Lombardozi filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that he suffered a shoulder injury related to vaccine administration (SIRVA) and Parsonage Turner Syndrome (PTS) as a result of his influenza vaccination on September 18, 2019. He claimed that he experienced residual effects from these conditions for more than six months. The respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused petitioner's alleged PTS or its residual effects, and denied that the flu vaccine caused any other injury or petitioner's current condition. Despite the denial, the parties filed a joint stipulation agreeing that compensation should be awarded. The Special Master found the stipulation reasonable and adopted it as the decision of the Court. Richard Lombardozi was awarded a lump sum of $50,000.00, representing compensation for all items of damages available under the Vaccine Act. The petition was filed on December 29, 2020, and the decision awarding compensation was issued on October 1, 2024.

Theory of causation field:
unclear

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_20-vv-02005-0
Date issued/filed: 2024-10-01
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 9/3/2024) regarding 59 DECISION Stipulation/Proffer. Signed by Special Master Daniel T. Horner. (ksb) Service on parties made.
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Case 1:20-vv-02005-UNJ Document 63 Filed 10/01/24 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-2005V
Filed: September 3, 2024
RICHARD LOMBARDOZZI,
Petitioner,
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Ronald Craig Homer, Conway, Homer, P.C., Boston, MA, for petitioner.
Camille Jordan Webster, U.S. Department of Justice, Washington, DC, for respondent.
DECISION ON JOINT STIPULATION1
On December 29, 2020, petitioner 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 alleged that he suffered a shoulder injury related to vaccine
administration (“SIRVA”) as a result of his September 18, 2019, influenza (“flu”)
vaccination. Petition at 1. On May 16, 2023, petitioner filed an amended petition,
alleging that he suffered Parsonage Turner Syndrome (“PTS”) as a result of his
September 18, 2019, flu vaccination. Amended Petition at 1; Stipulation, filed
September 3, 2024, at ¶ 4. Petitioner further alleges that he has experienced the
residual effects of his condition for more than six months, that there has been no prior
award or settlement of a civil action for damages as a result of his condition, and that
his vaccine was administered in the United States. Amended Petition at 1, 9;
Stipulation at ¶¶ 3-5. “Respondent denies that petitioner’s alleged PTS or its residual
effects were caused-in-fact by the flu vaccine; and denies that the flu vaccine caused
petitioner any other injury or petitioner’s current condition. ” Stipulation at ¶ 6.
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.
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-02005-UNJ Document 63 Filed 10/01/24 Page 2 of 7
Nevertheless, on September 3, 2024, the parties filed the attached joint
stipulation, stating that a decision should be entered awarding compensation. I find the
stipulation reasonable and adopt it as the decision of the Court in awarding damages,
on the terms set forth therein.
Pursuant to the terms stated in the attached Stipulation, I award the following
compensation:
A lump sum of $50,000.00 in the form of a check payable to petitioner.
Stipulation at ¶ 8. This amount represents compensation for all items of
damages that would be available under § 15(a). Id.
In the absence of a motion for review filed pursuant to RCFC Appendix B, the
clerk of the court is directed to enter judgment in accordance with this decision.3
IT IS SO ORDERED.
s/Daniel T. Horner
Daniel T. Horner
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

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