United States Court of Federal Claims, 2025

Musto v. Secretary of Health and Human Services

United States Court of Federal Claims · Decided March 10, 2025 · Nora Beth Dorsey

Opinion

In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS Filed: February 13, 2025

* * * * * * * * * * * * * * * * * * * ANTHONY MUSTO, as personal * representative of the estate of * ROBERT THANER, * UNPUBLISHED

* Petitioner, * No. 22-833V

* v. * Special Master Dorsey

* SECRETARY OF HEALTH * Decision Based on Stipulation; Influenza AND HUMAN SERVICES, * (“Flu”) Vaccine; Chronic Inflammatory

* Demyelinating Polyneuropathy (“CIDP”). Respondent. *

* * * * * * * * * * * * * * * * * * * * Danielle Anne Strait, Mctlaw, Seattle, WA, for Petitioner.

Katherine Carr Esposito, U.S. Department of Justice, Washington, DC, for Respondent.

DECISION BASED ON STIPULATION 1

On August 1, 2022, Anthony Musto (“Petitioner”), 2 as personal representative of the estate of Robert Thaner (“decedent”), filed a petition in the National Vaccine Injury Program 3 alleging that the decedent suffered chronic inflammatory demyelinating polyneuropathy (“CIDP”) that was caused or significantly aggravated by an influenza (“flu”) vaccination administered on September 25, 2019. Petition at 2-3 (ECF No. 1).

On February 13, 2025, the parties filed a stipulation recommending an award of compensation to Petitioner. Stipulation (ECF No. 69). Respondent denies that the flu vaccine caused decedent’s alleged CIDP, or any other injury, or his death. Nevertheless, the parties agree to the joint stipulation, attached hereto as Appendix A. The undersigned finds the stipulation reasonable and adopts it as the decision of the Court in awarding damages, on the terms set forth therein.

The parties stipulate that Petitioner shall receive the following compensation: (1) A lump sum of $80,000.00 to be paid through an ACH deposit to Petitioner’s counsel’s IOLTA account for prompt disbursement to Petitioner, as legal representative of the estate of Robert Thaner;

(2) A lump sum of $35,000.00, which amount represents reimbursement of a lien for services rendered on behalf of decedent by the Connecticut Department of Administrative Services, in the form of a check payable jointly to Petitioner and State of Connecticut DAS – Collection Services P.O. Box 601 Manchester, CT 06045 Re: Thaner, #3737645 Petitioner agrees to endorse the check to State of Connecticut DAS – Collection Services.

This amount represents compensation for all damages that would be available under 42 U.S.C. § 300aa-15(a). Stipulation at ¶ 8.

The undersigned approves the requested amount for Petitioner’s compensation. Accordingly, an award should be made consistent with the stipulation.

In the absence of a motion for review filed pursuant to RCFC Appendix B, the Clerk of Court SHALL ENTER JUDGMENT in accordance with the terms of the parties’ stipulation. 4

IT IS SO ORDERED. s/Nora B. Dorsey Nora B. Dorsey Special Master

1 Because this Decision contains a reasoned explanation for the action in this case, the undersigned is required to post it 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, the undersigned agrees that the identified material fits within this definition, the undersigned will redact such material from public access. 2 This case was originally filed by Nathaniel Shipp, and Anthony Musto substituted as Petitioner in December 2023. 3 The National Vaccine Injury Compensation Program is set forth in Part 2 of the National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755, codified as amended, 42 U.S.C. §§ 300aa-10 to -34 (2018) (“Vaccine Act” or “the Act”). All citations in this Decision to individual sections of the Vaccine Act are to 42 U.S.C.A. § 300aa. 4 Pursuant to Vaccine Rule 11(a), entry of judgment is expedited by the parties’ joint filing of notice renouncing the right to seek review.

Case-law data current through September 30, 2026. Source: CourtListener bulk data.