VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_24-vv-02001 Package ID: USCOURTS-cofc-1_24-vv-02001 Petitioner: John Gualandi Filed: 2024-12-05 Decided: 2025-11-25 Vaccine: influenza Vaccination date: 2023-08-01 Condition: left shoulder injury related to vaccine administration (SIRVA), supraspinatus tendinopathy, and subcoracoid bursitis Outcome: compensated Award amount USD: 73891.29 AI-assisted case summary: On December 5, 2024, John Gualandi filed a petition alleging that an influenza vaccine administered on August 1, 2023 caused a left shoulder injury related to vaccine administration. Respondent conceded entitlement in a Rule 4(c) report, agreeing that the record supported a Table SIRVA based on supraspinatus tendinopathy and subcoracoid bursitis. Respondent did not concede that a possible SLAP tear was vaccine-caused. Mr. Gualandi agreed to proceed on the SIRVA theory that respondent conceded, excluding the SLAP tear. Chief Special Master Brian H. Corcoran found entitlement on September 26, 2025. On November 25, 2025, he adopted respondent's damages proffer and awarded Mr. Gualandi $72,500.00 for pain and suffering and $1,391.29 to satisfy a New York Medicaid lien, for a total lump sum of $73,891.29. Theory of causation field: Influenza vaccine August 1, 2023 causing left Table SIRVA with supraspinatus tendinopathy and subcoracoid bursitis; adult, exact age not stated; onset within 48 hours. ENTITLEMENT CONCEDED; COMPENSATED. Respondent did not concede vaccine causation for a possible SLAP tear, and petitioner proceeded on the conceded SIRVA/tendinopathy/bursitis injury. Award $72,500 pain/suffering + $1,391.29 NY Medicaid lien = $73,891.29. Chief SM Brian H. Corcoran; petition December 5, 2024; entitlement September 26, 2025; damages November 25, 2025. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_24-vv-02001-0 Date issued/filed: 2025-10-27 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 09/26/2025) regarding 26 Ruling on Entitlement. Signed by Chief Special Master Brian H. Corcoran. (cr) Service on parties made. -------------------------------------------------------------------------------- Case 1:24-vv-02001-UNJ Document 30 Filed 10/27/25 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 24-2001V JOHN GUALANDI, Chief Special Master Corcoran Petitioner, Filed: September 26, 2025 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Bruce William Slane, Law Office of Bruce W. Slane, P.C., White Plains, NY, for Petitioner. Rachelle Bishop, U.S. Department of Justice, Washington, DC, for Respondent. RULING ON ENTITLEMENT1 On December 5, 2024, John Gualandi 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 an influenza (“flu”) vaccination administered to him on August 1, 2023, caused him to suffer a shoulder injury related to vaccine administration (“SIRVA”), as defined in the Vaccine Injury Table, 42 C.F.R. § 100.3. Petition at 1. In the alternative, Petitioner alleges that his flu vaccine caused-in-fact supraspinatus tendinopathy, a superior labral anterior posterior (“SLAP”) tear, an anterior inferior labral tear, and subcoracoid bursitis. See Petition at 1. Petitioner further alleges that he received the vaccine in the United States, that he suffered the residual effects of his injury for more 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 1:24-vv-02001-UNJ Document 30 Filed 10/27/25 Page 2 of 2 than six months, and that there has been no prior award or settlement of a civil action on his behalf as a result of his injury. See Petition at ¶¶ 2, 46-48. The case was assigned to the Special Processing Unit of the Office of Special Masters. On September 18, 2025, 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 recommends that petitioner be found entitled to compensation for SIRVA. Petitioner had no history of pain, inflammation, or dysfunction of his left shoulder prior to vaccination; pain occurred within forty-eight hours after receipt of an intramuscular vaccination; pain and reduced range of motion was limited to the shoulder in which the vaccine was administered; and no other condition or abnormality has been identified to explain petitioner’s shoulder pain.3 42 C.F.R. §§ 100.3(a), (c)(10). Based on the medical records outlined above, petitioner suffered the residual effects of his condition for more than six months and has satisfied the legal prerequisites for compensation under the Act. See 42 U.S.C. § 300aa-13(a)(1)(B); 42 U.S.C. § 300aa-11(c)(1)(D)(i). Respondent disputes that petitioner’s alleged SLAP tear, anterior inferior labral tear, and AC joint hypertrophy are related to his SIRVA or a vaccine-related injury. Id. at 4-5.4 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 3 “Respondent concedes that the SIRVA Qualifications and Aids to Interpretation are met as it relates to petitioner’s tendinopathy and bursitis, only.” Respondent’s Report at 5, n. 1. 4 Petitioner confirmed in an informal communication on September 25, 2025, that he is amenable to proceeding to damages on his SIRVA claim as it relates to his tendinopathy and bursitis, and excluding damages related to his SLAP Tear, anterior inferior labral tear and AC joint hypertrophy. Informal Communication dated September 26, 2025. 2 ================================================================================ DOCUMENT 2: USCOURTS-cofc-1_24-vv-02001-cl-extra-11178326 Date issued/filed: 2025-10-27 Pages: 1 Docket text: Supplementary opinion from CourtListener cluster 10711740 -------------------------------------------------------------------------------- In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 24-2001V JOHN GUALANDI, Chief Special Master Corcoran Petitioner, Filed: September 26, 2025 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Bruce William Slane, Law Office of Bruce W. Slane, P.C., White Plains, NY, for Petitioner. Rachelle Bishop, U.S. Department of Justice, Washington, DC, for Respondent. RULING ON ENTITLEMENT 1 On December 5, 2024, John Gualandi 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 an influenza (“flu”) vaccination administered to him on August 1, 2023, caused him to suffer a shoulder injury related to vaccine administration (“SIRVA”), as defined in the Vaccine Injury Table, 42 C.F.R. § 100.3. Petition at 1. In the alternative, Petitioner alleges that his flu vaccine caused-in-fact supraspinatus tendinopathy, a superior labral anterior posterior (“SLAP”) tear, an anterior inferior labral tear, and subcoracoid bursitis. See Petition at 1. Petitioner further alleges that he received the vaccine in the United States, that he suffered the residual effects of his injury for more 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). than six months, and that there has been no prior award or settlement of a civil action on his behalf as a result of his injury. See Petition at ¶¶ 2, 46-48. The case was assigned to the Special Processing Unit of the Office of Special Masters. On September 18, 2025, 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 recommends that petitioner be found entitled to compensation for SIRVA. Petitioner had no history of pain, inflammation, or dysfunction of his left shoulder prior to vaccination; pain occurred within forty-eight hours after receipt of an intramuscular vaccination; pain and reduced range of motion was limited to the shoulder in which the vaccine was administered; and no other condition or abnormality has been identified to explain petitioner’s shoulder pain. 3 42 C.F.R. §§ 100.3(a), (c)(10). Based on the medical records outlined above, petitioner suffered the residual effects of his condition for more than six months and has satisfied the legal prerequisites for compensation under the Act. See 42 U.S.C. § 300aa-13(a)(1)(B); 42 U.S.C. § 300aa-11(c)(1)(D)(i). Respondent disputes that petitioner’s alleged SLAP tear, anterior inferior labral tear, and AC joint hypertrophy are related to his SIRVA or a vaccine-related injury. Id. at 4-5. 4 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 3 “Respondent concedes that the SIRVA Qualifications and Aids to Interpretation are met as it relates to petitioner’s tendinopathy and bursitis, only.” Respondent’s Report at 5, n. 1. 4 Petitioner confirmed in an informal communication on September 25, 2025, that he is amenable to proceeding to damages on his SIRVA claim as it relates to his tendinopathy and bursitis, and excluding damages related to his SLAP Tear, anterior inferior labral tear and AC joint hypertrophy. Informal Communication dated September 26, 2025. 2 ================================================================================ DOCUMENT 3: USCOURTS-cofc-1_24-vv-02001-1 Date issued/filed: 2026-01-13 Pages: 5 Docket text: PUBLIC DECISION (Originally filed: 11/25/2025) regarding 37 DECISION Stipulation/Proffer. Signed by Chief Special Master Brian H. Corcoran. (cr) Service on parties made. -------------------------------------------------------------------------------- Case 1:24-vv-02001-UNJ Document 41 Filed 01/13/26 Page 1 of 5 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 24-2001V JOHN GUALANDI, Chief Special Master Corcoran Petitioner, Filed: November 25, 2025 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Bruce William Slane, The Law Office of Bruce W. Slane, P.C., White Plains, NY, for Petitioner. Rachelle Bishop, U.S. Department of Justice, Washington, DC, for Respondent. DECISION AWARDING DAMAGES1 On December 5, 2024, John Gualandi 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 an influenza (“flu”) vaccination administered to him on August 1, 2023, caused him to suffer a shoulder injury related to vaccine administration (“SIRVA”), as defined in the Vaccine Injury Table, 42 C.F.R. § 100.3. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. On September 26, 2025, a ruling on entitlement was issued, finding Petitioner entitled to compensation for SIRVA. On November 21, 2025, Respondent filed a proffer on award of compensation (“Proffer”) indicating Petitioner should be awarded $72,500.00 in pain and suffering, and $1,391.29 to satisfy a New York State Medicaid lien. Proffer at 2. In the Proffer, Respondent represented that Petitioner agrees with the proffered award. 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 1:24-vv-02001-UNJ Document 41 Filed 01/13/26 Page 2 of 5 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 the following compensation: A. A lump sum payment of $72,500.00 (representing pain and suffering) to be paid through an ACH deposit to Petitioner’s counsel’s IOLTA account for prompt disbursement to Petitioner; and B. A lump sum payment of $1,391.29, representing compensation for satisfaction of the New York State Medicaid lien, in the form of a check payable jointly to Petitioner and: New York State Department of Health P.O. Box 415874 Boston, MA 02241-5874 Ref.: Recovery Case No. 283975 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 1:24-vv-02001-UNJ Document 41 Filed 01/13/26 Page 3 of 5 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS JOHN GUALANDI, Petitioner, No. 24-2001V v. Chief Special Master Corcoran ECF SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. RESPONDENT’S PROFFER ON AWARD OF COMPENSATION On December 5, 2024, John Gualandi (“petitioner”) filed a petition for compensation (“Petition”) under the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-1 to - 34 (“Vaccine Act” or “Act”), alleging that an August 1, 2023 influenza vaccine caused him to suffer a shoulder injury related to vaccine administration (“SIRVA”), as defined in the Vaccine Injury Table, or alternatively, that petitioner’s supraspinatus tendinopathy, SLAP tear, anterior inferior labral tear, and subcoracoid bursitis were caused in fact by his vaccination. Petition at 1. On September 18, 2025, the Secretary of Health and Human Services (“respondent”) filed a Rule 4(c) Report recommending compensation under the terms of the Act for petitioner’s SIRVA claim, which includes petitioner’s tendinopathy and bursitis; respondent disputed that petitioner’s alleged SLAP tear, anterior inferior labral tear, and acromioclavicular joint hypertrophy were related to his SIRVA or a vaccine-related injury. ECF No. 25. On September 26, 2025, the Court issued a Ruling on Entitlement finding petitioner entitled to compensation for his SIRVA as it relates to his tendinopathy and bursitis and excluding damages related to his SLAP tear, anterior inferior labral tear, and AC joint hypertrophy. ECF No. 26. Respondent proposes the following proffer on award of compensation. Case 1:24-vv-02001-UNJ Document 41 Filed 01/13/26 Page 4 of 5 I. Items of Compensation A. Pain and Suffering Respondent proffers that petitioner should be awarded $72,500.00 in pain and suffering. See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees. B. Medicaid Lien Respondent proffers that petitioner should be awarded funds to satisfy a New York State Medicaid lien in the amount of $1,391.29, which represents full satisfaction of any right of subrogation, assignment, claim, lien, or cause of action New York State may have against any individual as a result of any Medicaid payments New York State has made to or on behalf of petitioner from the date of his eligibility for benefits through the date of judgment in this case as a result of his alleged vaccine-related injury suffered on or about August 1, 2023, under Title XIX of the Social Security Act. 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 lump sum payments as described below and requests that the Chief Special Master’s decision and the Court’s judgment award the following:1 A. A lump sum payment of $72,500.00, to be paid through an ACH deposit to petitioner’s counsel IOLTA account for prompt disbursement to petitioner; and 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 unreimbursed expenses, future lost earnings and future pain and suffering. 2 Case 1:24-vv-02001-UNJ Document 41 Filed 01/13/26 Page 5 of 5 B. A lump sum payment of $1,391.29, representing compensation for satisfaction of the New York State Medicaid lien, in the form of a check payable jointly to petitioner and: New York State Department of Health P.O. Box 415874 Boston, MA 02241-5874 Ref.: Recovery Case No. 283975 Petitioner agrees to endorse the check to New York State Department of Health for satisfaction of the Medicaid lien. 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 VORIS E. JOHNSON, JR. Assistant Director Torts Branch, Civil Division /s/ Rachelle P. Bishop RACHELLE P. BISHOP Trial Attorney Torts Branch, Civil Division U.S. Department of Justice P.O. Box 146 Benjamin Franklin Station Washington, D.C. 20044-0146 (202) 616-3662 Rachelle.P.Bishop@usdoj.gov Dated: November 21, 2025 3 ================================================================================ DOCUMENT 4: USCOURTS-cofc-1_24-vv-02001-cl-extra-11240385 Date issued/filed: 2026-01-13 Pages: 1 Docket text: Supplementary opinion from CourtListener cluster 10773800 -------------------------------------------------------------------------------- In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 24-2001V JOHN GUALANDI, Chief Special Master Corcoran Petitioner, Filed: November 25, 2025 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Bruce William Slane, The Law Office of Bruce W. Slane, P.C., White Plains, NY, for Petitioner. Rachelle Bishop, U.S. Department of Justice, Washington, DC, for Respondent. DECISION AWARDING DAMAGES 1 On December 5, 2024, John Gualandi 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 an influenza (“flu”) vaccination administered to him on August 1, 2023, caused him to suffer a shoulder injury related to vaccine administration (“SIRVA”), as defined in the Vaccine Injury Table, 42 C.F.R. § 100.3. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. On September 26, 2025, a ruling on entitlement was issued, finding Petitioner entitled to compensation for SIRVA. On November 21, 2025, Respondent filed a proffer on award of compensation (“Proffer”) indicating Petitioner should be awarded $72,500.00 in pain and suffering, and $1,391.29 to satisfy a New York State Medicaid lien. Proffer at 2. In the Proffer, Respondent represented that Petitioner agrees with the proffered award. 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). 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 the following compensation: A. A lump sum payment of $72,500.00 (representing pain and suffering) to be paid through an ACH deposit to Petitioner’s counsel’s IOLTA account for prompt disbursement to Petitioner; and B. A lump sum payment of $1,391.29, representing compensation for satisfaction of the New York State Medicaid lien, in the form of a check payable jointly to Petitioner and: New York State Department of Health P.O. Box 415874 Boston, MA 02241-5874 Ref.: Recovery Case No. 283975 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 JOHN GUALANDI, Petitioner, v. No. 24-2001V Chief Special Master Corcoran SECRETARY OF HEALTH AND ECF HUMAN SERVICES, Respondent. RESPONDENT’S PROFFER ON AWARD OF COMPENSATION On December 5, 2024, John Gualandi (“petitioner”) filed a petition for compensation (“Petition”) under the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-1 to - 34 (“Vaccine Act” or “Act”), alleging that an August 1, 2023 influenza vaccine caused him to suffer a shoulder injury related to vaccine administration (“SIRVA”), as defined in the Vaccine Injury Table, or alternatively, that petitioner’s supraspinatus tendinopathy, SLAP tear, anterior inferior labral tear, and subcoracoid bursitis were caused in fact by his vaccination. Petition at 1. On September 18, 2025, the Secretary of Health and Human Services (“respondent”) filed a Rule 4(c) Report recommending compensation under the terms of the Act for petitioner’s SIRVA claim, which includes petitioner’s tendinopathy and bursitis; respondent disputed that petitioner’s alleged SLAP tear, anterior inferior labral tear, and acromioclavicular joint hypertrophy were related to his SIRVA or a vaccine-related injury. ECF No. 25. On September 26, 2025, the Court issued a Ruling on Entitlement finding petitioner entitled to compensation for his SIRVA as it relates to his tendinopathy and bursitis and excluding damages related to his SLAP tear, anterior inferior labral tear, and AC joint hypertrophy . ECF No. 26. Respondent proposes the following proffer on award of compensation. I. Items of Compensation A. Pain and Suffering Respondent proffers that petitioner should be awarded $72,500.00 in pain and suffering. See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees. B. Medicaid Lien Respondent proffers that petitioner should be awarded funds to satisfy a New York State Medicaid lien in the amount of $1,391.29, which represents full satisfaction of any right of subrogation, assignment, claim, lien, or cause of action New York State may have against any individual as a result of any Medicaid payments New York State has made to or on behalf of petitioner from the date of his eligibility for benefits through the date of judgment in this case as a result of his alleged vaccine-related injury suffered on or about August 1, 2023, under Title XIX of the Social Security Act. 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 lump sum payments as described below and requests that the Chief Special Master’s decision and the Court’s judgment award the following: 1 A. A lump sum payment of $72,500.00, to be paid through an ACH deposit to petitioner’s counsel IOLTA account for prompt disbursement to petitioner; and 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 unreimbursed expenses, future lost earnings and future pain and sufferin g. 2 B. A lump sum payment of $1,391.29, representing compensation for satisfaction of the New York State Medicaid lien, in the form of a check payable jointly to petitioner and: New York State Department of Health P.O. Box 415874 Boston, MA 02241-5874 Ref.: Recovery Case No. 283975 Petitioner agrees to endorse the check to New York State Department of Health for satisfaction of the Medicaid lien. 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 VORIS E. JOHNSON, JR. Assistant Director Torts Branch, Civil Division /s/ Rachelle P. Bishop RACHELLE P. BISHOP Trial Attorney Torts Branch, Civil Division U.S. Department of Justice P.O. Box 146 Benjamin Franklin Station Washington, D.C. 20044-0146 (202) 616-3662 Rachelle.P.Bishop@usdoj.gov Dated: November 21, 2025 3