VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_23-vv-01693 Package ID: USCOURTS-cofc-1_23-vv-01693 Petitioner: Dora D. Loiacono Filed: 2023-09-29 Decided: 2025-07-14 Vaccine: influenza Vaccination date: 2020-10-17 Condition: Guillain-Barre Syndrome (GBS) Outcome: compensated Award amount USD: 311320.48 AI-assisted case summary: On September 29, 2023, Dora D. Loiacono filed a petition alleging that an influenza vaccination administered on October 17, 2020 caused Guillain-Barre Syndrome. The case was assigned to the Special Processing Unit. Chief Special Master Brian H. Corcoran found Ms. Loiacono entitled to compensation for GBS on November 15, 2024. Damages were resolved through respondent's proffer, which Ms. Loiacono accepted. The proffer described significant ongoing care needs and recommended both a first-year lump sum and future annuity-funded life-care payments. On July 14, 2025, Chief Special Master Corcoran awarded a lump sum of $311,320.48, consisting of $67,526.02 for first-year life-care expenses, $240,000.00 for pain and suffering, and $3,794.46 for past unreimbursed expenses. He also awarded an amount sufficient to purchase an annuity for future life-care items, including recurring medical care, medications, mobility equipment, care management, and homemaker/home-health-aide services. Theory of causation field: Influenza vaccine on October 17, 2020, causing GBS; COMPENSATED. Entitlement granted November 15, 2024. Award included $311,320.48 lump sum ($67,526.02 first-year life-care expenses + $240,000 pain/suffering + $3,794.46 unreimbursed expenses) plus an amount sufficient to purchase a future life-care annuity. Chief SM Brian H. Corcoran, petition filed September 29, 2023; damages July 14, 2025. Attorney: Joseph L. Ciaccio, Napoli Shkolnik. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_23-vv-01693-0 Date issued/filed: 2024-12-17 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 11/15/2024) regarding 30 Ruling on Entitlement ( Signed by Chief Special Master Brian H. Corcoran. )(mpj) Service on parties made. -------------------------------------------------------------------------------- Case 1:23-vv-01693-UNJ Document 34 Filed 12/17/24 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 23-1693V DORA D. LOIACONO, Chief Special Master Corcoran Petitioner, Filed: November 15, 2024 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Jessica E. Choper, Britcher Leone and Sergio, L.L.C., Glen Rock, NJ, for Petitioner. Jay Travis Williamson, U.S. Department of Justice, Washington, DC, for Respondent. RULING ON ENTITLEMENT1 On September 29, 2023, Dora D. Loiacono 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 from Guillain Barre Syndrome (“GBS”) following an influenza vaccine administered on October 17, 2020. Petition at 1. Petitioner further alleges that the vaccine was administered within the United States, that she suffered from her injury for more than six months, and that she has not filed any other action for her vaccine-related injury. Petition at 2, 9, 17. The case was assigned to the Special Processing Unit of the Office of Special Masters. 1 Because this Ruling 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 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 (2018). Case 1:23-vv-01693-UNJ Document 34 Filed 12/17/24 Page 2 of 2 On November 4, 2024, 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 has concluded that Petitioner has satisfied the criteria set forth in the Vaccine Injury Table and the Qualifications and Aids to Interpretation for GBS following a flu vaccination. Id. at 8-9. Respondent further agrees that Petitioner has satisfied all legal prerequisites for compensation under the Vaccine Act. Id. at 9. 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 ================================================================================ DOCUMENT 2: USCOURTS-cofc-1_23-vv-01693-cl-extra-10760973 Date issued/filed: 2024-12-17 Pages: 1 Docket text: Supplementary opinion from CourtListener cluster 10294385 -------------------------------------------------------------------------------- In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 23-1693V DORA D. LOIACONO, Chief Special Master Corcoran Petitioner, Filed: November 15, 2024 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Jessica E. Choper, Britcher Leone and Sergio, L.L.C., Glen Rock, NJ, for Petitioner. Jay Travis Williamson, U.S. Department of Justice, Washington, DC, for Respondent. RULING ON ENTITLEMENT 1 On September 29, 2023, Dora D. Loiacono 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 from Guillain Barre Syndrome (“GBS”) following an influenza vaccine administered on October 17, 2020. Petition at 1. Petitioner further alleges that the vaccine was administered within the United States, that she suffered from her injury for more than six months, and that she has not filed any other action for her vaccine-related injury. Petition at 2, 9, 17. The case was assigned to the Special Processing Unit of the Office of Special Masters. 1 Because this Ruling 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 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 (2018). On November 4, 2024, 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 has concluded that Petitioner has satisfied the criteria set forth in the Vaccine Injury Table and the Qualifications and Aids to Interpretation for GBS following a flu vaccination. Id. at 8-9. Respondent further agrees that Petitioner has satisfied all legal prerequisites for compensation under the Vaccine Act. Id. at 9. 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 ================================================================================ DOCUMENT 3: USCOURTS-cofc-1_23-vv-01693-1 Date issued/filed: 2025-08-18 Pages: 8 Docket text: PUBLIC DECISION (Originally filed: 07/14/2025) regarding 48 DECISION Stipulation/Proffer ( Signed by Chief Special Master Brian H. Corcoran. )(mpj) Service on parties made. -------------------------------------------------------------------------------- Case 1:23-vv-01693-UNJ Document 51 Filed 08/18/25 Page 1 of 8 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 23-1693V DORA D. LOIACONO, Chief Special Master Corcoran Petitioner, Filed: July 14, 2025 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Jesica E. Choper, Britcher Leone & Sergio, L.L.C., Glen Rock, NJ, for Petitioner. Jay Travis Williamson, U.S. Department of Justice, Washington, DC, for Respondent. DECISION AWARDING DAMAGES1 On September 29, 2023, Dora D. Loiacono 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 from Guillain-Barre Syndrome (“GBS”) resulting from an influenza vaccine administered on October 17, 2020. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. On November 15, 2024, a ruling on entitlement was issued, finding Petitioner entitled to compensation for GBS. On July 3, 2025, Respondent filed a proffer on award of compensation indicating Petitioner should be awarded $311,320.48 (comprised of $67,526.02 for life care expenses, $240,000.00 for pain and suffering, and $3,794.46 for unreimbursable expenses). Respondent’s Proffer on Award of Compensation (“Proffer”) at 1-2. Petitioner should also be awarded an amount sufficient to purchase an annuity contract described in section II.B of the Proffer. Proffer at 3-4. 1 Because this Decision 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 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 (2018). Case 1:23-vv-01693-UNJ Document 51 Filed 08/18/25 Page 2 of 8 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 Proffer, I award 1. Petitioner a lump sum payment awarded $311,320.48 (comprised of $67,526.02 for life care expenses, $240,000.00 for pain and suffering, and $3,794.46 for unreimbursable expenses) to be paid through an ACH deposit to Petitioner’s counsel’s IOLTA account for prompt disbursement to Petitioner; and 2. An amount sufficient to purchase an annuity contract described in Section II.B of the Proffer. 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 1:23-vv-01693-UNJ Document 51 Filed 08/18/25 Page 3 of 8 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS ) DORA D. LOIACONO, ) ) Petitioner, ) ) No. 23-1693V v. ) Chief Special Master Corcoran ) ECF SECRETARY OF HEALTH AND HUMAN ) SERVICES, ) ) Respondent. ) ) RESPONDENT’S PROFFER ON AWARD OF COMPENSATION On September 29, 2023, Dora D. Loiacono (“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”), as amended, alleging that she suffered Guillain-Barré Syndrome (“GBS”) resulting from an influenza (“flu”) vaccination she received on October 17, 2020. Petition at 1 (ECF No. 1). On November 4, 2024, the Secretary of Health and Human Services (“respondent”) filed his Rule 4(c) Report conceding that petitioner is entitled to compensation in this case and that petitioner has satisfied the criteria set forth in the Vaccine Injury Table and the Qualifications and Aids to Interpretation for GBS following a flu vaccination. ECF No. 27. Accordingly, on November 15, 2024, the Chief Special Master issued a Ruling on Entitlement, finding that petitioner is entitled to vaccine compensation for GBS following the flu vaccine she received on October 17, 2020. ECF No. 30. I. Items of Compensation A. Life Care Items Respondent engaged life care planner Shelly Kinney, MSN, RN, CCM, CNLCP, and petitioner engaged Valerie V. Parisi, RN, CRRN, CLCP, to provide an estimation of petitioner’s Case 1:23-vv-01693-UNJ Document 51 Filed 08/18/25 Page 4 of 8 future vaccine-injury related needs. For the purposes of this proffer, the term “vaccine related” is as described in the respondent’s Rule 4(c) Report. All items of compensation identified in respondent’s life care plan are supported by the evidence, and are illustrated by the chart entitled Appendix A: Items of Compensation for Dora D. Loiacono, attached hereto as Tab A. Respondent proffers that petitioner should be awarded all items of compensation set forth in respondent’s life care plan and illustrated by the chart attached at Tab A.1 Petitioner agrees. B. Pain and Suffering Respondent proffers that petitioner should be awarded $240,000.00 in actual and projected pain and suffering. This amount reflects that any award for projected pain and suffering has been reduced to net present value. See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees. C. Past Unreimbursable Expenses Evidence supplied by petitioner documents her expenditure of past unreimbursable expenses related to her vaccine-related injury. Respondent proffers that petitioner should be awarded past unreimbursable expenses in the amount of $3,794.46. Petitioner agrees. II. Form of the Award The parties recommend that the compensation provided to petitioner should be made through a combination of a lump sum payment and future annuity payments as described below, 1 The chart at Tab A illustrates the annual benefits provided by the life care plan. The annual benefit years run from the date of judgment up to the first anniversary of the date of judgment, and every year thereafter up to the anniversary of the date of judgment. 2 Case 1:23-vv-01693-UNJ Document 51 Filed 08/18/25 Page 5 of 8 and request that the Chief Special Master’s decision and the Court’s judgment award the following:2 A. A lump sum payment of $311,320.48, representing compensation for life care expenses expected to be incurred during the first year after judgment ($67,526.02), pain and suffering ($240,000.00), and past unreimbursable expenses ($3,794.46), in the form of an ACH deposit to petitioner’s counsel’s IOLTA account for prompt disbursement to petitioner, Dora D. Loiacono B. An amount sufficient to purchase an annuity contract,3 subject to the conditions described below, that will provide payments for the life care items contained in the life care plan, as illustrated by the chart at Tab A, attached hereto, paid to the life insurance company4 from 2 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 medical expenses, future lost earnings, and future pain and suffering. 3 In respondent’s discretion, respondent may purchase one or more annuity contracts from one or more life insurance companies. The parties further agree that the annuity payments cannot be assigned, accelerated, deferred, increased, or decreased by the parties and that no part of any annuity payments called for herein, nor any assets of the United States or the annuity company, are subject to execution or any legal process for any obligation in any manner. Petitioner and petitioner’s heirs, executors, administrators, successors, and assigns do hereby agree that they have no power or right to sell, assign, mortgage, encumber, or anticipate said annuity payments, or any part thereof, by assignment or otherwise, and further agree that they will not sell, assign, mortgage, encumber, or anticipate said annuity payments, or any part thereof, by assignment or otherwise. 4 The Life Insurance Company must have a minimum of $250,000,000 capital and surplus, exclusive of any mandatory security valuation reserve. The Life Insurance Company must have one of the following ratings from two of the following rating organizations: a. A.M. Best Company: A++, A+, A+g, A+p, A+r, or A+s; b. Moody's Investor Service Claims Paying Rating: Aa3, Aa2, Aa1, or Aaa; c. Standard and Poor's Corporation Insurer Claims-Paying Ability Rating: AA-, AA, AA+, or AAA; 3 Case 1:23-vv-01693-UNJ Document 51 Filed 08/18/25 Page 6 of 8 which the annuity will be purchased.5 Compensation for Year Two (beginning on the first anniversary of the date of judgment) and all subsequent years shall be provided through respondent’s purchase of an annuity, which annuity shall make payments directly to petitioner, Dora D. Loiacono, only so long as petitioner is alive at the time a particular payment is due. At the Secretary’s sole discretion, the periodic payments may be provided to petitioner in monthly, quarterly, annual, or other installments. The “annual amounts” set forth in the chart at Tab A describe only the total yearly sum to be paid to petitioner and do not require that the payment be made in one annual installment. 1. Growth Rate Respondent proffers that a four percent (4%) growth rate should be applied to all non- medical life care items, and a five percent (5%) growth rate should be applied to all medical life care items. Thus, the benefits illustrated in the chart at Tab A that are to be paid through annuity payments should grow as follows: four percent (4%) compounded annually from the date of judgment for non-medical items, and five percent (5%) compounded annually from the date of judgment for medical items. Petitioner agrees. 2. Life-contingent annuity Petitioner will continue to receive the annuity payments from the Life Insurance Company only so long as she, Dora D. Loiacono, is alive at the time that a particular payment is due. Written notice shall be provided to the Secretary of Health and Human Services and the Life Insurance Company within twenty (20) days of Dora D. Loiacono’s death. d. Fitch Credit Rating Company, Insurance Company Claims Paying Ability Rating: AA-, AA, AA+, or AAA. 5 Petitioner authorizes the disclosure of certain documents filed by the petitioner in this case consistent with the Privacy Act and the routine uses described in the National Vaccine Injury Compensation Program System of Records, No. 09-15-0056. 4 Case 1:23-vv-01693-UNJ Document 51 Filed 08/18/25 Page 7 of 8 3. Guardianship Petitioner is a competent adult. Evidence of guardianship is not required in this case. III. Summary of Recommended Payments Following Judgment A. Lump Sum paid to petitioner, Dora D. Loiacono: $311,320.48 B. An amount sufficient to purchase the annuity contract described above in section II.B. Respectfully submitted, BRETT A. SHUMATE Assistant Attorney General C. SALVATORE D’ALESSIO Director Torts Branch, Civil Division HEATHER L. PEARLMAN Deputy Director Torts Branch, Civil Division TRACI R. PATTON Assistant Director Torts Branch, Civil Division /s/ J. Travis Williamson J. TRAVIS WILLIAMSON Trial Attorney Torts Branch, Civil Division U.S. Department of Justice P.O. Box 146 Benjamin Franklin Station Washington, D.C. 20044-0146 Tel: (202) 616-4045 Email: Jay.T.Williamson@usdoj.gov Dated: July 1, 2025 5 Case 1:23-vv-01693-UNJ Document 51 Filed 08/18/25 Page 8 of 8 Appendix A: Items of Compensation for Dora D. Loiacono Page 1 of 1 Lump Sum Compensation Compensation Compensation Compensation Compensation ITEMS OF COMPENSATION G.R. * M Year 1 Years 2-4 Year 5 Year 6 Years 7-Life 2025 2026-2028 2029 2030 2031-Life Medicare Part B Deductible 5% 257.00 257.00 257.00 257.00 257.00 PCP 5% * Neurologist 5% * 10.00 10.00 10.00 10.00 10.00 Pregabalin 5% * 288.96 288.96 288.96 288.96 288.96 Gabapentin 5% * 92.88 92.88 92.88 92.88 92.88 Incontinence Pads 4% 211.70 211.70 211.70 211.70 211.70 Front Wheeled Walker 4% * Quad Cane 4% 32.00 6.40 6.40 6.40 6.40 Lightweight Wheelchair 4% 165.00 Shower Chair 4% 260.00 86.67 86.67 86.67 86.67 Handheld Shower 4% 27.00 5.40 5.40 5.40 5.40 Bidet Seat Attachment 4% 76.48 Scooter 4% 1,766.00 Scooter Lift 4% 3,100.00 Bed Cane 4% 178.00 25.43 25.43 25.43 25.43 Adaptive Kitchen Utensils & Grooming Tools 4% 200.00 Treadmill 4% 1,091.00 Care Management 4% M 2,304.00 2,304.00 2,304.00 2,304.00 2,304.00 Homemaker/Home Health Aide 4% M 52,560.00 52,560.00 105,120.00 105,120.00 105,120.00 Stairlift 4% 4,906.00 Stairlift Batteries 4% 80.00 16.00 Pain and Suffering 240,000.00 Past Unreimbursable Expenses 3,794.46 Annual Totals 311,320.48 55,848.44 108,408.44 108,488.44 108,424.44 Note: Compensation Year 1 consists of the 12 month period following the date of judgment. Compensation Year 2 consists of the 12 month period commencing on the first anniversary of the date of judgment. As soon as practicable after entry of judgment, respondent shall make the following payment to petitioner for Yr 1 life care expenses ($67,526.02), pain and suffering ($240,000.00), and past unreimbursable expenses ($3,794.46): $311,320.48. Annual amounts payable through an annuity for future Compensation Years follow the anniversary of the date of judgment. Annual amounts shall increase at the rates indicated above in column G.R., compounded annually from the date of judgment. Items denoted with an asterisk (*) covered by health insurance and/or Medicare. Items denoted with an "M" payable in twelve monthly installments totaling the annual amount indicated. ================================================================================ DOCUMENT 4: USCOURTS-cofc-1_23-vv-01693-cl-extra-11122396 Date issued/filed: 2025-08-18 Pages: 1 Docket text: Supplementary opinion from CourtListener cluster 10655809 -------------------------------------------------------------------------------- In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 23-1693V DORA D. LOIACONO, Chief Special Master Corcoran Petitioner, Filed: July 14, 2025 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Jesica E. Choper, Britcher Leone & Sergio, L.L.C., Glen Rock, NJ, for Petitioner. Jay Travis Williamson, U.S. Department of Justice, Washington, DC, for Respondent. DECISION AWARDING DAMAGES 1 On September 29, 2023, Dora D. Loiacono 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 from Guillain-Barre Syndrome (“GBS”) resulting from an influenza vaccine administered on October 17, 2020. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. On November 15, 2024, a ruling on entitlement was issued, finding Petitioner entitled to compensation for GBS. On July 3, 2025, Respondent filed a proffer on award of compensation indicating Petitioner should be awarded $311,320.48 (comprised of $67,526.02 for life care expenses, $240,000.00 for pain and suffering, and $3,794.46 for unreimbursable expenses). Respondent’s Proffer on Award of Compensation (“Proffer”) at 1-2. Petitioner should also be awarded an amount sufficient to purchase an annuity contract described in section II.B of the Proffer. Proffer at 3-4. 1 Because this Decision 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 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 (2018). 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 Proffer, I award 1. Petitioner a lump sum payment awarded $311,320.48 (comprised of $67,526.02 for life care expenses, $240,000.00 for pain and suffering, and $3,794.46 for unreimbursable expenses) to be paid through an ACH deposit to Petitioner’s counsel’s IOLTA account for prompt disbursement to Petitioner; and 2. An amount sufficient to purchase an annuity contract described in Section II.B of the Proffer. 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 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS ) DORA D. LOIACONO, ) ) Petitioner, ) ) No. 23-1693V v. ) Chief Special Master Corcoran ) ECF SECRETARY OF HEALTH AND HUMAN ) SERVICES, ) ) Respondent. ) ) RESPONDENT’S PROFFER ON AWARD OF COMPENSATION On September 29, 2023, Dora D. Loiacono (“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”), as amended, alleging that she suffered Guillain-Barré Syndrome (“GBS”) resulting from an influenza (“flu”) vaccination she received on October 17, 2020. Petition at 1 (ECF No. 1). On November 4, 2024, the Secretary of Health and Human Services (“respondent”) filed his Rule 4(c) Report conceding that petitioner is entitled to compensation in this case and that petitioner has satisfied the criteria set forth in the Vaccine Injury Table and the Qualifications and Aids to Interpretation for GBS following a flu vaccination. ECF No. 27. Accordingly, on November 15, 2024, the Chief Special Master issued a Ruling on Entitlement, finding that petitioner is entitled to vaccine compensation for GBS following the flu vaccine she received on October 17, 2020. ECF No. 30. I. Items of Compensation A. Life Care Items Respondent engaged life care planner Shelly Kinney, MSN, RN, CCM, CNLCP, and petitioner engaged Valerie V. Parisi, RN, CRRN, CLCP, to provide an estimation of petitioner’s future vaccine-injury related needs. For the purposes of this proffer, the term “vaccine related” is as described in the respondent’s Rule 4(c) Report. All items of compensation identified in respondent’s life care plan are supported by the evidence, and are illustrated by the chart entitled Appendix A: Items of Compensation for Dora D. Loiacono, attached hereto as Tab A. Respondent proffers that petitioner should be awarded all items of compensation set forth in respondent’s life care plan and illustrated by the chart attached at Tab A.1 Petitioner agrees. B. Pain and Suffering Respondent proffers that petitioner should be awarded $240,000.00 in actual and projected pain and suffering. This amount reflects that any award for projected pain and suffering has been reduced to net present value. See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees. C. Past Unreimbursable Expenses Evidence supplied by petitioner documents her expenditure of past unreimbursable expenses related to her vaccine-related injury. Respondent proffers that petitioner should be awarded past unreimbursable expenses in the amount of $3,794.46. Petitioner agrees. II. Form of the Award The parties recommend that the compensation provided to petitioner should be made through a combination of a lump sum payment and future annuity payments as described below, 1 The chart at Tab A illustrates the annual benefits provided by the life care plan. The annual benefit years run from the date of judgment up to the first anniversary of the date of judgment, and every year thereafter up to the anniversary of the date of judgment. 2 and request that the Chief Special Master’s decision and the Court’s judgment award the following:2 A. A lump sum payment of $311,320.48, representing compensation for life care expenses expected to be incurred during the first year after judgment ($67,526.02), pain and suffering ($240,000.00), and past unreimbursable expenses ($3,794.46), in the form of an ACH deposit to petitioner’s counsel’s IOLTA account for prompt disbursement to petitioner, Dora D. Loiacono B. An amount sufficient to purchase an annuity contract,3 subject to the conditions described below, that will provide payments for the life care items contained in the life care plan, as illustrated by the chart at Tab A, attached hereto, paid to the life insurance company4 from 2 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 medical expenses, future lost earnings, and future pain and suffering. 3 In respondent’s discretion, respondent may purchase one or more annuity contracts from one or more life insurance companies. The parties further agree that the annuity payments cannot be assigned, accelerated, deferred, increased, or decreased by the parties and that no part of any annuity payments called for herein, nor any assets of the United States or the annuity company, are subject to execution or any legal process for any obligation in any manner. Petitioner and petitioner’s heirs, executors, administrators, successors, and assigns do hereby agree that they have no power or right to sell, assign, mortgage, encumber, or anticipate said annuity payments, or any part thereof, by assignment or otherwise, and further agree that they will not sell, assign, mortgage, encumber, or anticipate said annuity payments, or any part thereof, by assignment or otherwise. 4 The Life Insurance Company must have a minimum of $250,000,000 capital and surplus, exclusive of any mandatory security valuation reserve. The Life Insurance Company must have one of the following ratings from two of the following rating organizations: a. A.M. Best Company: A++, A+, A+g, A+p, A+r, or A+s; b. Moody's Investor Service Claims Paying Rating: Aa3, Aa2, Aa1, or Aaa; c. Standard and Poor's Corporation Insurer Claims-Paying Ability Rating: AA-, AA, AA+, or AAA; 3 which the annuity will be purchased.5 Compensation for Year Two (beginning on the first anniversary of the date of judgment) and all subsequent years shall be provided through respondent’s purchase of an annuity, which annuity shall make payments directly to petitioner, Dora D. Loiacono, only so long as petitioner is alive at the time a particular payment is due. At the Secretary’s sole discretion, the periodic payments may be provided to petitioner in monthly, quarterly, annual, or other installments. The “annual amounts” set forth in the chart at Tab A describe only the total yearly sum to be paid to petitioner and do not require that the payment be made in one annual installment. 1. Growth Rate Respondent proffers that a four percent (4%) growth rate should be applied to all non- medical life care items, and a five percent (5%) growth rate should be applied to all medical life care items. Thus, the benefits illustrated in the chart at Tab A that are to be paid through annuity payments should grow as follows: four percent (4%) compounded annually from the date of judgment for non-medical items, and five percent (5%) compounded annually from the date of judgment for medical items. Petitioner agrees. 2. Life-contingent annuity Petitioner will continue to receive the annuity payments from the Life Insurance Company only so long as she, Dora D. Loiacono, is alive at the time that a particular payment is due. Written notice shall be provided to the Secretary of Health and Human Services and the Life Insurance Company within twenty (20) days of Dora D. Loiacono’s death. d. Fitch Credit Rating Company, Insurance Company Claims Paying Ability Rating: AA-, AA, AA+, or AAA. 5 Petitioner authorizes the disclosure of certain documents filed by the petitioner in this case consistent with the Privacy Act and the routine uses described in the National Vaccine Injury Compensation Program System of Records, No. 09-15-0056. 4 3. Guardianship Petitioner is a competent adult. Evidence of guardianship is not required in this case. III. Summary of Recommended Payments Following Judgment A. Lump Sum paid to petitioner, Dora D. Loiacono: $311,320.48 B. An amount sufficient to purchase the annuity contract described above in section II.B. Respectfully submitted, BRETT A. SHUMATE Assistant Attorney General C. SALVATORE D’ALESSIO Director Torts Branch, Civil Division HEATHER L. PEARLMAN Deputy Director Torts Branch, Civil Division TRACI R. PATTON Assistant Director Torts Branch, Civil Division /s/ J. Travis Williamson J. TRAVIS WILLIAMSON Trial Attorney Torts Branch, Civil Division U.S. Department of Justice P.O. Box 146 Benjamin Franklin Station Washington, D.C. 20044-0146 Tel: (202) 616-4045 Email: Jay.T.Williamson@usdoj.gov Dated: July 1, 2025 5 Appendix A: Items of Compensation for Dora D. Loiacono Page 1 of 1 Lump Sum Compensation Compensation Compensation Compensation Compensation ITEMS OF COMPENSATION G.R. * M Year 1 Years 2-4 Year 5 Year 6 Years 7-Life 2025 2026-2028 2029 2030 2031-Life Medicare Part B Deductible 5% 257.00 257.00 257.00 257.00 257.00 PCP 5% * Neurologist 5% * 10.00 10.00 10.00 10.00 10.00 Pregabalin 5% * 288.96 288.96 288.96 288.96 288.96 Gabapentin 5% * 92.88 92.88 92.88 92.88 92.88 Incontinence Pads 4% 211.70 211.70 211.70 211.70 211.70 Front Wheeled Walker 4% * Quad Cane 4% 32.00 6.40 6.40 6.40 6.40 Lightweight Wheelchair 4% 165.00 Shower Chair 4% 260.00 86.67 86.67 86.67 86.67 Handheld Shower 4% 27.00 5.40 5.40 5.40 5.40 Bidet Seat Attachment 4% 76.48 Scooter 4% 1,766.00 Scooter Lift 4% 3,100.00 Bed Cane 4% 178.00 25.43 25.43 25.43 25.43 Adaptive Kitchen Utensils & Grooming Tools 4% 200.00 Treadmill 4% 1,091.00 Care Management 4% M 2,304.00 2,304.00 2,304.00 2,304.00 2,304.00 Homemaker/Home Health Aide 4% M 52,560.00 52,560.00 105,120.00 105,120.00 105,120.00 Stairlift 4% 4,906.00 Stairlift Batteries 4% 80.00 16.00 Pain and Suffering 240,000.00 Past Unreimbursable Expenses 3,794.46 Annual Totals 311,320.48 55,848.44 108,408.44 108,488.44 108,424.44 Note: Compensation Year 1 consists of the 12 month period following the date of judgment. Compensation Year 2 consists of the 12 month period commencing on the first anniversary of the date of judgment. As soon as practicable after entry of judgment, respondent shall make the following payment to petitioner for Yr 1 life care expenses ($67,526.02), pain and suffering ($240,000.00), and past unreimbursable expenses ($3,794.46): $311,320.48. Annual amounts payable through an annuity for future Compensation Years follow the anniversary of the date of judgment. Annual amounts shall increase at the rates indicated above in column G.R., compounded annually from the date of judgment. Items denoted with an asterisk (*) covered by health insurance and/or Medicare. Items denoted with an "M" payable in twelve monthly installments totaling the annual amount indicated. ================================================================================ DOCUMENT 5: USCOURTS-cofc-1_23-vv-01693-cl-extra-11281551 Date issued/filed: 2026-03-23 Pages: 1 Docket text: Supplementary opinion from CourtListener cluster 10814797 -------------------------------------------------------------------------------- In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 23-1693V DORA D. LOIACONO, Chief Special Master Corcoran Petitioner, Filed: February 20, 2026 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Jessica E. Choper, Britcher Leone & Sergio, L.L.C., Glen Rock, NJ, for Petitioner. Jay Travis Williamson, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON ATTORNEY’S FEES AND COSTS 1 On September 29, 2023, Dora D. Loiacono 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 she suffered from Guillain-Barre syndrome (“GBS”) resulting from an influenza vaccine administered on October 17, 2020. Petition, ECF No. 1. On November 15, 2024, I issued a ruling on entitlement finding the Petitioner entitled to compensation. ECF No. 30. On July 14, 2025, I issued a decision awarding compensation to Petitioner based on the Respondent’s proffer. ECF No. 48. 1Because this Decision 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 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 (2018). Petitioner has now filed a motion for attorney’s fees and costs, requesting an award of $76,009.87 (representing $65,215.00 in fees plus $10,175.47 in costs and $619.40 in Petitioner out-of-pocket expenses). Application for Attorneys’ Fees and Costs (“Motion”) filed December 11, 2025, ECF No. 54. Furthermore, Petitioner filed a signed statement representing that $619.40 in personal out-of-pocket expenses were incurred. ECF No. 54 at 39-41. Respondent reacted to the motion on December 15, 2025, indicating that he is satisfied the statutory requirements for an award of attorneys’ fees and costs are met in this case but deferring resolution of the amount to be awarded to my discretion. Response at 2, 4. ECF No. 55. Petitioner filed no reply thereafter. I have reviewed the billing records submitted with Petitioner’s request. The rates requested for work performed through 2025 are reasonable and consistent with our prior determinations and will therefore be awarded herein. And all time billed to the matter was reasonably incurred. Furthermore, Petitioner has provided supporting documentation for all claimed costs. ECF No. 54 at 4-22. Respondent offered no specific objection to the rates or amounts sought. I find the requested costs reasonable and hereby award them in full. The Vaccine Act permits an award of reasonable attorney’s fees and costs for successful claimants. Section 15(e). Accordingly, I hereby GRANT Petitioner’s Motion for attorney’s fees and costs. $76,009.87 (representing $65,215.00 in fees plus $10,175.47 in costs and $619.40 in Petitioner out-of-pocket expenses) to be paid through an ACH deposit to petitioner’s counsel’s IOLTA account for prompt disbursement. In the absence of a timely-filed motion for review (see Appendix B to the Rules of the Court), the Clerk of Court shall 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), the parties may expedite entry of judgment by filing a joint notice renouncing their right to seek review. 2