Rondinaro v. Secretary of Health and Human Services

• Court: United States Court of Federal Claims
• Decided: July 19, 2024
• Docket: 22-0643V
• Status: Published

Opinion

In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS

************************* RICHARD RONDINARO, * * No. 22-643V Petitioner, * Special Master Christian J. Moran v. * * SECRETARY OF HEALTH * Filed: June 27, 2024 AND HUMAN SERVICES, * * Respondent. * ************************* Jeffrey S. Pop, Jeffrey S. Pop & Associates, Beverly Hills, CA, for Petitioner; Katherine Edwards, United States Dep’t of Justice, Washington, DC, for Respondent.

UNPUBLISHED DECISION 1

On June 25, 2024, the parties filed a joint stipulation concerning the petition for compensation filed by Richard Rondinaro on June 10, 2022. Petitioner alleged that he suffered from Guillain-Barré syndrome (“GBS”) as defined in the Table, and that this was caused-in-fact by the influenza (“flu”) vaccine he received on September 6, 2020, and/or the tetanus-diphtheria- acellular pertussis (“Tdap”) and/or hepatitis B (“HepB”) vaccines he received on October 6, 2020. These vaccines are contained in the Vaccine Injury Table (the “Table”), 42 C.F.R. §100.3(a). Petitioner further alleges that he suffered the residual effects of this injury for more than six months. Petitioner represents that there has been no prior award or settlement of a civil action for damages on his behalf as a result of his condition. Respondent denies that petitioner’s alleged GBS or its residual effects were caused-in- fact by the flu, Tdap, and/or HepB vaccine, and denies that the flu, Tdap, and/or HepB vaccine caused petitioner any other injury or petitioner’s current condition.

Nevertheless, the parties agree to the joint stipulation, attached hereto. The undersigned finds said stipulation reasonable and adopts it as the decision of the Court in awarding damages, on the terms set forth therein.

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. Damages awarded in that stipulation include:

A lump sum of $80,000.00 in the form of a check payable to petitioner. This amount represents compensation for all damages that would be available under 42 U.S.C. § 300aa-15(a).

In the absence of a motion for review filed pursuant to RCFC, Appendix B, the clerk is directed to enter judgment according to this decision and the attached stipulation. 2

IT IS SO ORDERED.

s/Christian J. Moran Christian J. Moran Special Master

2 Pursuant to Vaccine Rule 11(a), the parties can expedite entry of judgment by each party filing a notice renouncing the right to seek review by a United States Court of Federal Claims judge.