VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_23-vv-00164 Package ID: USCOURTS-cofc-1_23-vv-00164 Petitioner: Ralph Devito Filed: 2025-09-15 Decided: 2025-10-06 Vaccine: influenza Vaccination date: 2021-10-13 Condition: Guillain-Barre syndrome (GBS) or neuropathy Outcome: compensated Award amount USD: 75000 AI-assisted case summary: On September 15, 2025, Ralph Devito filed a petition alleging that an influenza vaccination on October 13, 2021 caused Guillain-Barre syndrome within the Table timeframe or, alternatively, caused neuropathy in fact. He alleged residual effects lasting more than six months. Respondent denied that Mr. Devito sustained a Table injury, denied that the flu vaccine caused his alleged GBS or neuropathy, and denied that any current condition was a sequela of a vaccine-related injury. The public decision is a stipulation decision and does not describe the clinical onset, neurologic findings, diagnostic tests, treatment, experts, or the causation theory beyond the Table/cause-in-fact allegations. On October 6, 2025, Chief Special Master Brian H. Corcoran found the stipulation reasonable and awarded Mr. Devito $75,000.00 as a lump sum through counsel's IOLTA account, representing all Vaccine Act damages. Theory of causation field: Influenza vaccine, October 13, 2021, alleged GBS within Table timeframe or alternatively neuropathy caused-in-fact by flu vaccine. COMPENSATED by stipulation. Respondent denied Table injury, vaccine causation, and sequelae. Public decision/stipulation gives no onset, neurologic timeline, testing, experts, or mechanism. Award: $75,000 lump sum for all Section 15(a) damages, ACH to counsel IOLTA. Chief Special Master Corcoran October 6, 2025. Attorney Nancy R. Meyers; respondent Jay T. Williamson. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_23-vv-00164-0 Date issued/filed: 2025-11-05 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 10/06/2025) regarding 60 DECISION Stipulation/Proffer. Signed by Chief Special Master Brian H. Corcoran. (ers) Service on parties made. -------------------------------------------------------------------------------- Case 1:23-vv-00164-UNJ Document 64 Filed 11/05/25 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 23-164V * * * * * * * * * * * * * * * * * * * * * * * * * * RALPH DEVITO, * Chief Special Master Corcoran * Petitioner, * Filed: October 6, 2025 * v. * * SECRETARY OF HEALTH * AND HUMAN SERVICES, * * Respondent. * * * * * * * * * * * * * * * * * * * * * * * * * * * Nancy R. Meyers, Turning Point Litigation, Greensboro, NC, for Petitioner. Jay T. Williamson, U.S. Department of Justice, Washington, DC, for Respondent. DECISION AWARDING DAMAGES1 On September 15, 2025, Ralph Devito filed a petition seeking compensation under the National Vaccine Injury Compensation Program (the “Vaccine Program”).2 Petitioner alleges that his receipt of the influenza (“flu”) vaccine he received on October 13, 2021, caused him to develop Guillain-Barré syndrome (“GBS”) within the time period set forth in the Table, or in the alternative, that his neuropathy was caused-in-fact by the flu vaccine. Moreover, Petitioner alleges that he experienced residual effects of this injury for more than six months. Respondent denies that Petitioner sustained a Table injury, denies that the flu vaccine caused Petitioner’s neuropathic injury, or any other injury or condition. Respondent also denies that Petitioner’s current condition is a sequela of a vaccine-related injury. Nonetheless, both 1 Under Vaccine Rule 18(b), each party has fourteen (14) days within which to request redaction “of any information furnished by that party: (1) that is a trade secret or commercial or financial in substance and is privileged or confidential; or (2) that includes medical files or similar files, the disclosure of which would constitute a clearly unwarranted invasion of privacy.” Vaccine Rule 18(b). Otherwise, the whole Decision will be available to the public in its present form. Id. 2 The Vaccine Program comprises Part 2 of the National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3758, codified as amended at 42 U.S.C. §§ 300aa-10 through 34 (2012) (“Vaccine Act” or “the Act”). Individual section references hereafter will be to § 300aa of the Act (but will omit that statutory prefix). Case 1:23-vv-00164-UNJ Document 64 Filed 11/05/25 Page 2 of 7 parties, while maintaining their above-stated positions, agreed in a stipulation (filed on October 6, 2025) that the issues before them could be settled, and that a decision should be entered awarding Petitioner compensation. I have reviewed the file, and based upon that review, I conclude that the parties’ stipulation (as attached hereto) is reasonable. I therefore adopt it as my decision in awarding damages on the terms set forth therein. The stipulation awards: • A lump sum of $75,000.00 to be paid through an ACH deposit to Petitioner’s counsel’s IOLTA account for prompt disbursement to Petitioner. Stipulation ¶ 8. This amount represents compensation for all damages that would be available under Section 15(a) of the Act. I approve a Vaccine Program award in the requested amount set forth above to be made to Petitioner. In the absence of a motion for review filed pursuant to RCFC Appendix B, the Clerk of the Court is directed to enter judgment herewith.3 IT IS SO ORDERED. /s/ Brian H. Corcoran Brian H. Corcoran Chief Special Master 3 Pursuant to Vaccine Rule 11(a), the parties may expedite entry of judgment by each filing (either jointly or separately) a notice renouncing their right to seek review. Case 1:23-vv-00164-UNJ Document 64 Filed 11/05/25 Page 3 of 7 Case 1:23-vv-00164-UNJ Document 64 Filed 11/05/25 Page 4 of 7 Case 1:23-vv-00164-UNJ Document 64 Filed 11/05/25 Page 5 of 7 Case 1:23-vv-00164-UNJ Document 64 Filed 11/05/25 Page 6 of 7 Case 1:23-vv-00164-UNJ Document 64 Filed 11/05/25 Page 7 of 7