VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_22-vv-00656
Package ID: USCOURTS-cofc-1_22-vv-00656
Petitioner: Joseph Ditro
Filed: 2022-06-15
Decided: 2025-05-19
Vaccine: influenza
Vaccination date: 2019-10-27
Condition: Bell's palsy
Outcome: compensated
Award amount USD: 45000

AI-assisted case summary:
Joseph Ditro filed a petition alleging that he suffered Bell's palsy as a result of an influenza and a Tdap vaccine he received on October 27, 2019. The petition sought compensation for injuries allegedly related to these vaccines, which are contained in the Vaccine Injury Table. Mr. Ditro also alleged that he suffered residual effects of the alleged injury for more than six months. Respondent denied that the vaccines caused Mr. Ditro's Bell's palsy or any other injury. However, on May 19, 2025, the parties filed a stipulation recommending an award of compensation to Mr. Ditro. The parties agreed to a lump sum of $45,000.00 to be paid through an ACH deposit to Petitioner's counsel's IOLTA account for prompt disbursement to Petitioner. This amount represents compensation for all damages that would be available under 42 U.S.C. § 300aa-15(a). The Special Master found the stipulation reasonable and adopted it as the decision of the Court, awarding the compensation as recommended.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_22-vv-00656-0
Date issued/filed: 2025-06-16
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 5/20/2025) regarding 76 DECISION Stipulation. Signed by Special Master Nora Beth Dorsey. (aevw) Service on parties made.
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Case 1:22-vv-00656-UNJ Document 77 Filed 06/16/25 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
Filed: May 20, 2025
* * * * * * * * * * * * * * *
JOSEPH DITRO, *
*
Petitioner, * No. 22-656V
*
v. * Special Master Dorsey
*
SECRETARY OF HEALTH * Decision Based on Stipulation; Influenza
AND HUMAN SERVICES, * (“Flu”) Vaccine; Tetanus, Diphtheria,
* Acellular Pertussis (“Tdap”) Vaccine;
Respondent. * Bell’s Palsy.
* * * * * * * * * * * * * * *
Amy Senerth, Muller Brazil, LLP, Dresher, PA, for Petitioner.
Debra Begley, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION BASED ON STIPULATION1
On June 15, 2022, Joseph Ditro (“Petitioner”) filed a petition in the National Vaccine
Injury Program2 alleging that he suffered Bell’s palsy as a result of an influenza (“flu”) vaccine
and a tetanus, diphtheria, and acellular pertussis (“Tdap”) vaccine he received on October 27,
2019. Petition at Preamble (ECF No. 1).
On May 19, 2025, the parties filed a stipulation recommending an award of compensation
to Petitioner. Stipulation (ECF No. 75). Respondent denies that the vaccines caused Petitioner’s
Bell’s palsy, or any other injury or condition, and denies that Petitioner’s current condition is a
1 Because this Decision contains a reasoned explanation for the action in this case, the
undersigned is required to post it 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 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, the undersigned agrees that the
identified material fits within this definition, the undersigned will redact such material from
public access.
2 The National Vaccine Injury Compensation Program is set forth in Part 2 of the National
Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755, codified as amended,
42 U.S.C. §§ 300aa-10 to -34 (2018) (“Vaccine Act” or “the Act”). All citations in this Decision
to individual sections of the Vaccine Act are to 42 U.S.C.A. § 300aa.
1

Case 1:22-vv-00656-UNJ Document 77 Filed 06/16/25 Page 2 of 7
sequelae of a vaccine-related injury. Id. at ¶ 6. Nevertheless, the parties agree to the joint
stipulation, attached hereto as Appendix A.3 The undersigned finds the stipulation reasonable
and adopts it as the decision of the Court in awarding damages, on the terms set forth therein.
The parties stipulate that Petitioner shall receive the following compensation:
(1) A lump sum of $45,000.00 to be paid through an ACH deposit to Petitioner’s
counsel’s IOLTA account for prompt disbursement to Petitioner.
This amount represents compensation for all damages that would be available under 42
U.S.C. § 300aa-15(a). Stipulation at ¶ 8.
The undersigned approves the requested amount for Petitioner’s compensation.
Accordingly, an award should be made consistent with the stipulation.
In the absence of a motion for review filed pursuant to RCFC Appendix B, the Clerk of
Court SHALL ENTER JUDGMENT in accordance with the terms of the parties’ stipulation.4
IT IS SO ORDERED.
s/Nora B. Dorsey
Nora B. Dorsey
Special Master
3 The Vinesign e-signature form has been omitted from Appendix A.
4 Pursuant to Vaccine Rule 11(a), entry of judgment is expedited by the parties’ joint filing of
notice renouncing the right to seek review.
2

Case 1:22-vv-00656-UNJ Document 77 Filed 06/16/25 Page 3 of 7
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
JOSEPH DITRO, )
)
)
Petitioner,
) No. 22-656V
v. ) Special Master Dorsey
) ECF
SECRETARY OF HEALTH AND HUMAN
)
SERVICES,
)
)
Respondent.
)
_______________
)
STIPULATION
The parties hereby stipulate to the following matters:
1. Petitioner, Joseph Ditro, filed a petition for vaccine compensation under the National
Vaccine Injury Compensation Program, 42 U.S.C. § 300aa-10 to 34 (the "Vaccine Program").
The petition seeks compensation for injuries allegedly related to petitioner's receipt of the
influenza ("flu") and tetanus, diphtheria, acellular pertussis ("Tdap") vaccines, which vaccines
are contained in the Vaccine Injury Table (the "Table"), 42 C.F.R. § 100.3 (a .)
2. Petitioner received the vaccines on or about October 27, 2019.
3. The vaccines were administered within the United States.
4. The petition alleges that petitioner sustained Bell's palsy was caused by flu and Tdap
vaccines, and that petitioner suffered residual effects of the alleged injury for more than six
months.
5. Petitioner represents that there has been no prior award or settlement of a civil action
for damages arising out of the alleged vaccine injury.
-1-

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