VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-02205
Package ID: USCOURTS-cofc-1_21-vv-02205
Petitioner: Alba Pallone
Filed: 2021-11-23
Decided: 2023-05-01
Vaccine: influenza
Vaccination date: 2019-08-23
Condition: Guillain-Barre Syndrome
Outcome: compensated
Award amount USD: 105830

AI-assisted case summary:
Alba Pallone filed a petition for compensation under the National Vaccine Injury Compensation Program on November 23, 2021, alleging she suffered Guillain-Barre Syndrome (GBS) as a result of an influenza vaccine received on August 23, 2019. She stated the vaccine was administered in the United States, her injuries lasted more than six months, and no other action or compensation had been sought. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report conceding that Ms. Pallone was entitled to compensation. The respondent agreed that her case met the criteria set forth in the Vaccine Injury Table, was timely filed, and that there was no evidence of an unrelated factor being a more likely cause of her injury. On January 19, 2023, a ruling on entitlement was issued, finding Ms. Pallone entitled to compensation. Subsequently, on March 31, 2023, the respondent filed a proffer on award of compensation, recommending an award of $105,830.00, which included $105,000.00 for pain and suffering and $830.00 for past unreimbursable expenses. Ms. Pallone agreed with this proffered award. On May 1, 2023, the Chief Special Master issued a decision awarding Ms. Pallone the lump sum of $105,830.00.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_21-vv-02205-0
Date issued/filed: 2023-02-21
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 01/19/2023) regarding 22 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (tlf) Service on parties made.
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Case 1:21-vv-02205-UNJ Document 26 Filed 02/21/23 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 21-2205V
UNPUBLISHED
ALBA PALLONE, Chief Special Master Corcoran
Petitioner, Filed: January 19, 2023
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.
Diana Lynn Stadelnikas, Maglio Christopher & Toale, PA, Sarasota, FL, for Petitioner.
James Vincent Lopez, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On November 23, 2021, Alba Pallone 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 she suffered Guillain-Barre Syndrome resulting
from an influenza vaccine received on August 23, 2019. Petition at ¶¶ 2, 26. Petitioner
further alleges that the vaccine was administered in the United States, her injuries have
lasted more than six months, and neither Petitioner nor any other party has brought an
action or received compensation in the form of an award or settlement for her vaccine-
related injury. Petition at ¶¶ 2, 26, 33, 34. The case was assigned to the Special
Processing Unit of the Office of Special Masters.
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-02205-UNJ Document 26 Filed 02/21/23 Page 2 of 2
On January 13, 2023, 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 has satisfied the criteria set forth in the
Vaccine Injury Table and the Qualifications and Aids to Interpretation. Id. at 8.
Respondent further agrees that the records show that the case was timely filed, Petitioner
received her vaccine in the United States, Petitioner satisfies the statutory severity
requirement by suffering the residual effects or complications of her injury for more than
six months after vaccine administration, and there is no evidence of a factor unrelated
that is a more likely cause of Petitioner’s injury. 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-02205-1
Date issued/filed: 2023-05-01
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 03/31/2023) regarding 29 DECISION Stipulation/Proffer. Signed by Chief Special Master Brian H. Corcoran. (tlf) Service on parties made.
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Case 1:21-vv-02205-UNJ Document 34 Filed 05/01/23 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 21-2205V
UNPUBLISHED
ALBA PALLONE, Chief Special Master Corcoran
Petitioner, Filed: March 31, 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.
Diana Lynn Stadelnikas, Maglio Christopher & Toale, PA, Sarasota, FL, for Petitioner.
James Vincent Lopez, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On November 23, 2021, Alba Pallone 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 she suffered Guillain-Barre Syndrome (“GBS”)
resulting from an influenza vaccine received on August 23, 2019. Petition at ¶¶ 2, 26.
Petitioner further alleges that the vaccine was administered in the United States, her
injuries have lasted more than six months, and neither Petitioner nor any other party has
brought an action or received compensation in the form of an award or settlement for her
vaccine-related injury. Petition at ¶¶ 2, 26, 33, 34. The case was assigned to the Special
Processing Unit of the Office of Special Masters.
On January 19, 2023, a ruling on entitlement was issued, finding Petitioner entitled
to compensation for GBS. On March 31, 2023, Respondent filed a proffer on award of
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-02205-UNJ Document 34 Filed 05/01/23 Page 2 of 5
compensation (“Proffer”) indicating Petitioner should be awarded $105,830.00. Proffer at
2. 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.
Pursuant to the terms stated in the attached Proffer, I award Petitioner a lump
sum payment of $105,830.00 (comprised of $105,000.00 in pain and suffering and
$830.00 in 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-02205-UNJ Document 34 Filed 05/01/23 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
___________________________________
)
ALBA PALLONE, )
)
Petitioner, )
) No. 21-2205V
v. ) Chief Special Master Brian H. Corcoran
) ECF
SECRETARY OF HEALTH AND )
HUMAN SERVICES, )
)
Respondent. )
____________________________________)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On November 23, 2021, Alba Pallone (“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 she developed Guillain-Barré Syndrome (“GBS”), as
defined in the Vaccine Injury Table, following administration of an influenza (“flu”) vaccine she
received on August 23, 2019. On January 13, 2023, 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 January 19, 2023, the Chief Special
Master issued a Ruling on Entitlement finding petitioner entitled to compensation. ECF Nos. 21-
22.
I. Items of Compensation
A. Pain and Suffering
Respondent proffers that petitioner should be awarded $105,000.00 in pain and suffering.
See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees.

Case 1:21-vv-02205-UNJ Document 34 Filed 05/01/23 Page 4 of 5
B. Past Unreimbursable Expenses
Evidence supplied by petitioner documents that she incurred past unreimbursable
expenses related to her vaccine-related injury. Respondent proffers that petitioner should be
awarded past unreimbursable expenses in the amount of $830.00. 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 $105,830.00, in the form of
a check payable to petitioner.
III. Summary of Recommended Payments Following Judgment
Lump sum payable to petitioner, Alba Pallone: $105,830.00
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-02205-UNJ Document 34 Filed 05/01/23 Page 5 of 5
ALEXIS B. BABCOCK
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: March 31, 2023
3