Diponziano v. Secretary of Health and Human Services

In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

Filed: September 23, 2025 * * * * * * * * * * * * * DORIS DIPONZIANO, *

* Petitioner, * No. 17-1130V *

v. * Special Master Gowen

*

SECRETARY OF HEALTH * AND HUMAN SERVICES, *

*

Respondent. *

* * * * * * * * * * * * * Irene McLafferty, Mess and Associates, P.C., Philadelphia, PA, for petitioner. Lynn Christina Schlie, U.S. Department of Justice, Washington, D.C., for respondent.

DECISION AWARDING DAMAGES1

On August 22, 2017, Doris Diponziano (“petitioner”), filed a petition for compensation under the National Vaccine Injury Compensation Program.2 Petition (ECF No. 1). Petitioner alleged that the Prevnar-13 vaccine she received on July 11, 2016, was the cause-in-fact of her developing Guillain-Barré Syndrome (“GBS”). Amended Petition (ECF No. 9). On February 11, 2025, I issued a Ruling on Entitlement, finding that petitioner is entitled to compensation. Ruling on Entitlement (ECF No. 111).

On September 22, 2025, respondent filed a Proffer on Award of Compensation, attached hereto as Appendix A. Proofer (ECF No. 125). Based on the record as a whole, I find the proffer reasonable and adopt it as the Decision of the Court in awarding damages, on the terms set forth therein.

Pursuant to the terms stated in the Proffer, I awarded the petitioner: (1) A lump sum payment of $250,000.00 for pain and suffering, to be paid through an

ACH deposit to petitioner’s counsel’s IOLTA account for prompt disbursement to petitioner.

I approve the requested amount for petitioner’s compensation. In the absence of a motion for review filed pursuant to RCFC Appendix B, the Clerk of the Court shall enter judgment herewith.3

IT IS SO ORDERED. s/Thomas L. Gowen Thomas L. Gowen Special Master

IN THE UNITED STATES COURT OF FEDERAL CLAIMS

OFFICE OF SPECIAL MASTERS

)

DORIS DIPONZIANO, )

)

Petitioner, )

) No. 17-1130V v. ) Special Master Gowen

) ECF SECRETARY OF HEALTH AND HUMAN ) SERVICES, )

)

Respondent. )

)

PROFFER ON AWARD OF COMPENSATION

On August 22, 2017, Doris DiPonziano (“petitioner”) filed a petition for compensation under the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-10 et seq., alleging that pneumococcal conjugate vaccine administered to her on July 11, 2016, caused her to develop a Guillain-Barre Syndrome. Petition at 1; ECF No. 1. On February 11, 2025, Special Master Gowen issued a Ruling on Entitlement finding that petitioner is entitled to compensation. ECF No. 111. Respondent now proffers the following regarding the amount of compensation to be awarded.

I. Items of Compensation

Respondent proffers that petitioner should be awarded $250,000.00 in pain and suffering. See 42 U.S.C. § 300aa-15(a)(4). 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 a lump sum payment of $250,000.00, to be paid through an ACH deposit to petitioner’s counsel’s IOLTA account for prompt disbursement to petitioner. Petitioner agrees.

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 Assistant Director Torts Branch, Civil Division /s/ Lynn C. Schlie LYNN C. SCHLIE 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) 616-3667 Email: [email protected]

DATED: September 22, 2025