VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-02152
Package ID: USCOURTS-cofc-1_21-vv-02152
Petitioner: Leonard DiTomaso
Filed: 2021-11-09
Decided: 2023-02-28
Vaccine: influenza
Vaccination date: 2019-12-31
Condition: Guillain Barré Syndrome (GBS)
Outcome: compensated
Award amount USD: 152836

AI-assisted case summary:
Leonard DiTomaso filed a petition for compensation under the National Vaccine Injury Compensation Program on November 9, 2021, alleging Guillain-Barre Syndrome (GBS) resulting from an influenza vaccine received on December 31, 2019. Respondent filed a Rule 4(c) report conceding that Petitioner is entitled to compensation, finding that the injury was a Table injury and that there was no evidence of an unrelated factor being a more likely cause. A ruling on entitlement was issued on October 5, 2022, finding Petitioner entitled to compensation. On January 19, 2023, Respondent filed a proffer on award of compensation, proposing $150,000.00 for pain and suffering and $2,836.87 for past unreimbursable expenses, totaling $152,836.87. Petitioner agreed with the proffered award. The Chief Special Master issued a decision awarding Petitioner a lump sum payment of $152,836.87 on February 28, 2023.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_21-vv-02152-0
Date issued/filed: 2022-12-05
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 10/05/2022) regarding 23 Ruling on Entitlement, Signed by Chief Special Master Brian H. Corcoran. (kp) Service on parties made.
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Case 1:21-vv-02152-UNJ Document 28 Filed 12/05/22 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 21-2152V
UNPUBLISHED
LEONARD DITOMASO, Chief Special Master Corcoran
Petitioner, Filed: October 5, 2022
v.
Special Processing Unit (SPU);
SECRETARY OF HEALTH AND Ruling on Entitlement; Concession;
HUMAN SERVICES, Causation-In-Fact; Influenza (Flu)
Vaccine; Guillain-Barre Syndrome
Respondent. (GBS)
Jessica E. Choper, Britcher Leone, L.L.C., Glen Rock, NJ, for Petitioner.
James Vincent Lopez, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On November 9, 2021, Leonard Ditomaso 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 Guillain Barré Syndrome (GBS), resulting from the
adverse effects of an influenza (flu) vaccination received on December 31, 2019. Petition
at 1. The case was assigned to the Special Processing Unit of the Office of Special
Masters.
On September 20, 2022, 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. It is Respondent’s position that [P]etitioner has satisfied the criteria set forth
in the Table and the Qualifications and Aids to Interpretation. Id. at 9. Specifically,
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 section references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. §
300aa (2012).

Case 1:21-vv-02152-UNJ Document 28 Filed 12/05/22 Page 2 of 2
Respondent determined that “[P]etitioner received his vaccination in the United States,
that [P]etitioner satisfies the statutory severity requirement by suffering the residual
effects or complications of his injury for more than six months after vaccine administration,
and there is also no evidence of a factor unrelated that is a more likely cause of
[P]etitioner’s injury. Id. Respondent further agrees that the scope of damages to be
awarded is limited to Petitioner’s GBS and its related sequelae only. Id.
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_21-vv-02152-1
Date issued/filed: 2023-02-28
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 01/20/2023) regarding 30 DECISION Stipulation/Proffer. Signed by Chief Special Master Brian H. Corcoran. (tlf) Service on parties made.
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Case 1:21-vv-02152-UNJ Document 33 Filed 02/28/23 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 21-2152V
UNPUBLISHED
LEONARD DITOMASO, Chief Special Master Corcoran
Petitioner, Filed: January 20, 2023
v.
Special Processing Unit (SPU);
SECRETARY OF HEALTH AND Damages Decision Based on Proffer;
HUMAN SERVICES, Influenza (Flu) Vaccine; Guillain-
Barre Syndrome (GBS)
Respondent.
Jessica E. Choper, Britcher Leone, L.L.C., Glen Rock, NJ, for Petitioner.
James Vincent Lopez, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On November 9, 2021, Leonard DiTomaso 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”)
following the administration of an influenza (“flu”) vaccine he received on December 31,
2019. Petition at 1. The case was assigned to the Special Processing Unit of the Office
of Special Masters.
On October 5, 2022, a ruling on entitlement was issued, finding Petitioner entitled
to compensation for GBS. On January 19, 2023, Respondent filed a proffer on award of
compensation (“Proffer”) indicating Petitioner should be awarded $152,836.87
(comprised of $150,000.00 for pain and suffering and $2,836.87 for past unreimbursable
expenses). Proffer at 1-2. In the Proffer, Respondent represented that Petitioner agrees
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 section references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. §
300aa (2012).

Case 1:21-vv-02152-UNJ Document 33 Filed 02/28/23 Page 2 of 5
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.
Pursuant to the terms stated in the attached Proffer, I award Petitioner a lump
sum payment of $152,836.87 (comprised of $150,000.00 for pain and suffering and
$2,836.87 for past unreimbursable expenses) in the form of a check payable to
Petitioner. This amount represents compensation for all damages that would be available
under Section 15(a).
The Clerk of 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 1:21-vv-02152-UNJ Document 33 Filed 02/28/23 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
___________________________________
)
LEONARD DITOMASO, )
)
Petitioner, )
) No. 21-2152V
v. ) Chief Special Master Brian H. Corcoran
) ECF
SECRETARY OF HEALTH AND )
HUMAN SERVICES, )
)
Respondent. )
____________________________________)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On November 9, 2021, Leonard DiTomaso (“petitioner”) filed a petition for
compensation under the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-1
to -34 (“Vaccine Act” or “Act”), alleging that he developed Guillain-Barré Syndrome (“GBS”),
as defined in the Vaccine Injury Table, following administration of an influenza (“flu”) vaccine
he received on December 31, 2019. On September 20, 2022, the Secretary of Health and Human
Services (“respondent”) filed a Rule 4(c) Report indicating that this case is appropriate for
compensation under the terms of the Act for a GBS Table injury, and on October 5, 2022, the
Chief Special Master issued a Ruling on Entitlement finding petitioner entitled to compensation.
ECF Nos. 21, 23.
I. Items of Compensation
A. Pain and Suffering
Respondent proffers that petitioner should be awarded $150,000.00 in pain and suffering.
See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees.

Case 1:21-vv-02152-UNJ Document 33 Filed 02/28/23 Page 4 of 5
B. Past Unreimbursable Expenses
Evidence supplied by petitioner documents that he incurred past unreimbursable expenses
related to his vaccine-related injury. Respondent proffers that petitioner should be awarded past
unreimbursable expenses in the amount of $2,836.87. See 42 U.S.C. § 300aa-15(a)(1)(B).
Petitioner agrees.
These amounts represent all elements of compensation to which petitioner is entitled
under 42 U.S.C. § 300aa-15(a). Petitioner agrees.
II. Form of the Award
Petitioner is a competent adult. Evidence of guardianship is not required in this case.
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 following1: a lump sum payment of $152,836.87, in the form of
a check payable to petitioner.
III. Summary of Recommended Payments Following Judgment
Lump sum payable to petitioner, Leonard DiTomaso: $152,836.87
Respectfully submitted,
BRIAN M. BOYNTON
Principal Deputy Assistant Attorney General
C. SALVATORE D’ALESSIO
Director
Torts Branch, Civil Division
HEATHER L. PEARLMAN
Deputy Director
Torts Branch, Civil Division
1 Should petitioner die prior to entry of judgment, the parties reserve the right to move the Court
for appropriate relief. In particular, respondent would oppose any award for future lost earnings
and future pain and suffering.
2

Case 1:21-vv-02152-UNJ Document 33 Filed 02/28/23 Page 5 of 5
DARRYL R. WISHARD
Assistant Director
Torts Branch, Civil Division
/s James V. Lopez
James V. Lopez
Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146, Ben Franklin Station
Washington, D.C. 20044-0146
Tel: (202) 616-3655
Fax: (202) 616-4310
Email: james.lopez@usdoj.gov
Date: January 19, 2023
3