VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_25-vv-00873
Package ID: USCOURTS-cofc-1_25-vv-00873
Petitioner: Kenneth Paciocco
Filed: 2025-05-22
Decided: 2025-08-12
Vaccine: influenza
Vaccination date: 2022-10-12
Condition: chronic inflammatory demyelinating polyneuropathy (CIDP)
Outcome: dismissed
Award amount USD: 

AI-assisted case summary:
Kenneth Paciocco filed a petition for compensation on May 22, 2025, alleging that the influenza vaccine he received on October 12, 2022, caused him to suffer from chronic inflammatory demyelinating polyneuropathy (CIDP). Mr. Paciocco submitted medical records to support his claim. On June 30, 2025, Mr. Paciocco's counsel filed a motion to dismiss the petition. Counsel stated that on June 22, 2025, they became aware of a recent diagnosis of a different medical condition for Mr. Paciocco, which made it impossible to prove entitlement to compensation. Mr. Paciocco agreed to the dismissal, intending to preserve his rights to file a civil action in the future and to reject judgment against him. Special Master Christian J. Moran noted that to receive compensation under the National Vaccine Injury Compensation Program, a petitioner must prove either a "Table Injury" or that the injury was actually caused by a vaccine, supported by medical records or a competent physician's opinion. The public decision does not describe the specific medical records submitted, the nature of the different medical condition diagnosed, or any expert opinions. Mr. Paciocco did not obtain a supportive expert report. The Special Master construed the motion as one for dismissal due to insufficient proof. Consequently, the case was dismissed with prejudice for insufficient evidence to establish vaccine causation. The decision was issued on August 12, 2025. Petitioner's counsel was Elizabeth Kyla Abramson, and respondent's counsel was Heather Lynn Pearlman.

Theory of causation field:
Petitioner Kenneth Paciocco alleged that the influenza vaccine administered on October 12, 2022, caused him to develop chronic inflammatory demyelinating polyneuropathy (CIDP). The public decision does not specify if CIDP is a "Table Injury" or detail the alleged mechanism of causation. Mr. Paciocco filed medical records but did not obtain a supportive expert report, which is required to prove causation under the National Vaccine Injury Compensation Program. Due to a subsequent diagnosis of a different medical condition, Mr. Paciocco's counsel moved to dismiss the petition, stating it would be impossible to prove entitlement. Special Master Christian J. Moran dismissed the case with prejudice for insufficient proof, finding no evidence to support vaccine causation. Petitioner's counsel was Elizabeth Kyla Abramson, and respondent's counsel was Heather Lynn Pearlman. The decision was issued on August 12, 2025.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_25-vv-00873-0
Date issued/filed: 2025-08-12
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 07/17/2025) regarding 12 DECISION of Special Master Signed by Special Master Christian J. Moran. (ceo) Service on parties made.
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Case 1:25-vv-00873-UNJ Document 16 Filed 08/12/25 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
* * * * * * * * * * * * * * * * * * * * * * * * *
KENNETH PACIOCCO, * No. 25-873V
*
Petitioner,
*
* Special Master Christian J. Moran
v. *
* Filed: July 17, 2025
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
* * * * * * * * * * * * * * * * * * * * * * * * *
Elizabeth Kyla Abramson, Mctlaw, Washington DC, for petitioner;
Heather Lynn Pearlman, United States Dep’t of Justice, Washington, D.C., for
respondent.
UNPUBLISHED DECISION DENYING COMPENSATION1
Petitioner, Kenneth Paciocco, filed a petition for compensation on May 22,
2025, alleging that the flu vaccine he received on October 12, 2022, caused him to
suffer from chronic inflammatory demyelinating polyneuropathy (“CIDP”). He
filed various medical records within the same week. On June 26, 2025, the case
was reassigned to the undersigned.
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), the parties have 14
days to identify and move to redact medical or other information, the disclosure of which would
constitute an unwarranted invasion of privacy. Any changes will appear in the document posted
on the website.
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Case 1:25-vv-00873-UNJ Document 16 Filed 08/12/25 Page 2 of 2
Mr. Paciocco filed a motion for a decision dismissing his petition on June
30, 2025, stating that counsel became aware on June 22 that Mr. Paciocco was
recently diagnosed with a different medical condition. Exhibit 22 at 40. Counsel
advised Mr. Paciocco that he would be unable to prove that he is entitled to
compensation, and Mr. Paciocco agreed to dismiss his claim. Mr. Paciocco intends
to protect his rights to file a civil action in the future and intends to elect to reject
judgment against him.
I. Analysis
To receive compensation under the National Vaccine Injury Compensation
Program (“Program”), a petitioner must prove either 1) that the vaccinee suffered a
“Table Injury”—i.e., an injury falling within the Vaccine Injury Table—
corresponding to one of the vaccinations, or 2) that the vaccinee suffered an injury
that was actually caused by a vaccine. See §§ 300aa-13(a)(1)(A) and 300aa-
11(c)(1). Under the Act, a petitioner may not be given a Program award based
solely on the petitioner’s claims alone. Rather, the petition must be supported by
either medical records or by the opinion of a competent physician. § 300aa-
13(a)(1).
In this case, Mr. Paciocco filed medical records in support of his claim but
did not obtain a supportive report from an expert. Therefore, Mr. Paciocco wishes
to have his claim dismissed and judgment entered against him. Given Mr.
Paccioco’s clear intent that a judgment issue in this case, the undersigned will
construe this as a motion filed pursuant to 42 U.S.C. § 300aa-21(b) (regarding
involuntary dismissal).
To conform to § 12(d)(3), a decision must “include findings of fact and
conclusions of law.” Here, Mr. Paciocco did not provide an expert report to
support his claim that the flu vaccine caused his CIDP. Therefore, there is
insufficient evidence to support a finding of vaccine-causation.
Thus, this case is DISMISSED WITH PREJUDICE for insufficient
proof. The Clerk shall enter judgment accordingly. See Vaccine Rule 21(b).
IT IS SO ORDERED.
s/Christian J. Moran
Christian J. Moran
Special Master
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