Paltrinieri Baclini v. Secretary of Health and Human Services

In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 23-1313V

MARIA V. PALTRINIERI BACLINI, Chief Special Master Corcoran Petitioner, Filed: November 10, 2025 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent.

John Beaulieu, Siri & Glimstad LLP, Louisville, KY, for Petitioner.

Mallori Browne Openchowski, U.S. Department of Justice, Washington, DC, for Respondent.

DECISION ON JOINT STIPULATION 1 On August 15, 2023, Maria V. Paltrinieri Baclini 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 she suffered from Guillain Barre Syndrome (“GBS”) caused by an influenza (“flu”) vaccine administered on September 22, 2021.

Petition at 1; Stipulation, filed at November 4, 2025, ¶¶ 1, 2. Petitioner further alleges that the vaccine was administered within the United States, that she sustained an injury within the time period set forth in the Vaccine Injury, that she experienced the residual effects of her condition for more than six months, and that there has been no award or settlement of a civil action for damages on her behalf as a result of her injury. Petition at 1, 17; Stipulation at ¶¶ 1-5. Respondent denies that Petitioner sustained a GBS Table injury; denies that the flu vaccine caused Petitioner’s alleged GBS or any other injury; and further denies that her current disabilities are a sequela of a vaccine-related injury. Stipulation at ¶ 6.

Nevertheless, on November 4, 2025, the parties filed the attached joint stipulation, stating that a decision should be entered awarding compensation. I find the stipulation reasonable and adopt it as my decision awarding damages, on the terms set forth therein.

Pursuant to the terms stated in the attached Stipulation, I award the following compensation: A. A lump sum of $110,000.00, to be paid through an ACH deposit to Petitioner’s counsel’s IOLTA account for prompt disbursement to Petitioner; and B. A lump sum of $14,138.34, representing reimbursement of a Medicaid lien for services to Petitioner by the State of Florida, in the form of a check payable jointly to Petitioner and the Florida Agency for Healthcare Administration: Florida Medicaid Casualty Recovery Program P.O. Box 12188 Tallahassee, FL 32317-2188 Claim Number 910644 Petitioner agrees to endorse this check to the Department of Health Care Services.

Stipulation at ¶ 8. This amount represents compensation for all items of damages that would be available under Section 15(a). Id.

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 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

IN THE UNITED STA TES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS

MARIA V. PALTRINIERI BACLINI, Petitioner, No. 23-1313V Chief Special Master Corcoran V. SPU SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent.

STIPULATION The parties hereby stipulate to the following matters: 1. Petitioner, Maria Paltrinieri Baclini, filed a petition for vaccine compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. § 300aa-10 to 34 (the "Vaccine Program"). The petition seeks compensation for injuries allegedly related to petitioner's receipt of the influenza ("flu") vaccine, which vaccine is contained in the Vaccine Injury Table (the "Table"), 42 C.F.R. § 100.3 (a).

2. Petitioner received flu and tetanus-diphtheria-acellular-pertussis ("Tdap") vaccines on or about September 22, 2021.

3. The vaccines were administered within the United States.

4. Petitioner alleges that she sustained the onset of Guillain-Barre Syndrome ("GBS") within the Table time period following the flu immunization she received on or about September 22, 2021, and further alleges that she suffered the residual effects of this injury for more than six months.

5. Petitioner represents that there has been no prior award or settlement of a civil action for damages on her behalf as a result of her condition.

Page 1 of 6 6. Respondent denies that petitioner sustained a GBS Table injury; denies that the flu vaccine caused petitioner's alleged GBS or any other injury; and further denies that her current disabilities are a sequela of a vaccine-related injury.

7. Maintaining their above-stated positions, the parties nevertheless now agree that the issues between them shall be settled and that a decision should be entered awarding the compensation described in paragraph 8 of this Stipulation.

8. As soon as practicable after an entry of judgment reflecting a decision consistent with the tem1s of this Stipulation, and after petitioner has filed an election to receive compensation pursuant to 42 U.S .C. § 300aa-21(a)(l), the Secretary of Health and Human Services will issue the following vaccine compensation payments: a. A lump sum of $110,000.00 to be paid through an ACH deposit to petitioner's counsel's IOLTA account for prompt disbursement to petitioner.

b. A lump sum of$14,138.34, 1 representing reimbursement of a Medicaid lien for services rendered to petitioner by the State of Florida, in the form of a check payable jointly to petitioner, and the Florida Agency for Healthcare Administration: Florida Medicaid Casualty Recovery Program P.O. Box 12188 Tallahassee, FL 32317-2188 Claim Number 910644 Petitioner agrees to endorse this check to the Florida Agency for Healthcare Administration.

This amount represents full satisfaction of any right of subrogation, assigmnent, claim, lien, or cause of action the State of Florida may have against any individual as a result of any Medicaid payments the Florida Medicaid Program has made to or on behalf of Maria Paltrinieri Baclini, as a result of her alleged vaccine-related injury suffered on or about September 22, 2021, under Title XIX of the Social Security Act, see 42 U.S.C. § 300aa-15(g), (h).

Page 2 of 6 9. As soon as practicable after the entry of judgment on entitlement in this case, and after petitioner has filed both a proper and timely election to receive compensation pursuant to 42 U.S.C. § 300aa-21(a)(l), and an application, the parties will submit to fm1her proceedings before the special master to award reasonable attorneys' fees and costs incurred in proceeding upon this petition.

10. Petitioner and her attorney represent that they have identified to respondent all known sources of payment for items or services for which the Program is not primarily liable under 42 U.S.C. § 300aa-15(g), including State compensation programs, insurance policies, Federal or State health benefits programs (other than Title XIX of the Social Security Act (42 U.S.C. § 1396 et seq.)), or entities that provide health services on a prepaid basis.

11. Payments made pursuant to paragraph 8 of this Stipulation and any amounts awarded pursuant to paragraph 9 will be made in accordance with 42 U.S.C. § 300aa-l 5(i), subject to the availability of sufficient statutory funds.

12. The parties and their attorneys further agree and stipulate that, except for any award for attorneys' fees and litigation costs, and past unreimbursed expenses, the money provided pursuant to this Stipulation will be used solely for the benefit of petitioner as contemplated by a strict construction of 42 U.S.C. § 300aa-l 5(a) and (d), and subject to the conditions of 42 U.S.C. § 300aa-15(g) and (h).

13. In return for the payments described in paragraphs 8 and 9, petitioner, in her individual capacity, and on behalf of her heirs, executors, administrators, successors, and assigns, does forever irrevocably and unconditionally release, acquit and discharge the United States and the Secretary of Health and Human Services from any and all actions or causes of action (including agreements, judgments, claims, damages, loss of services, expenses and all demands of whatever

Page 3 of 6 kind or nature) that have been brought, could have been brought, or could be timely brought in the United States Comt of Federal Claims, under the National Vaccine Injury Compensation Program, U .S.C. § 300aa-10 et seq., on account of, or in any way growing out of, any and all known or unknown, suspected or unsuspected personal injuries to or death of petitioner resulting from , or alleged to have resulted from, the flu and Tdap vaccinations administered on or about September 22, 2021, as alleged by petitioner in a petition for vaccine compensation filed on or about August 15, 2023, in the United States Court of Federal Claims as petition No. 23-1313V.

14. If petitioner should die prior to entry of judgment, this agreement shall be voidable upon proper notice to the CoU1t on behalf of either or both of the parties.

15. If the special master fails to issue a decision in complete confonnity with the tenns of this Stipulation or if the United States Court of Federal Claims fails to enter judgment in conformity with a decision that is in complete conformity with the terms of this Stipulation, then the parties' settlement and this Stipulation shall be voidable at the sole discretion of either party.

16. This Stipulation expresses a full and complete negotiated settlement of liability and damages claimed under the National Childhood Vaccine Injury Act of 1986, as amended, except as otherwise noted in paragraph 9 above. There is absolutely no agreement on the part of the parties hereto to make any payment or do any act or thing other than is herein expressly stated and clearly agreed to. The parties further agree and understand that the award described in this Stipulation may reflect a compromise of the parties' respective positions as to liability and/or amount of damages, and further, that a change in the nature of the injury or condition or in the items of compensation sought, is not grounds to modify or revise this agreement.

Page 4 of 6 17. This Stipulation shall not be construed as an admission by the United States or the Secretary of Health and Human Services that the flu and/or Tdap vaccines caused petitioner's alleged GBS or any other injury or any of her cmTent disabilities.

18. All rights and obligations of petitioner hereunder shall apply equally to petitioner's heirs, executors, administrators, successors, and/or assigns.

END OF STIPULATION

Page 5 of 6 Respectfully submitted,

PETITIONER:

MARIA PALTRINIERI BACLINI ATTORNEY OF RECORD FOR AUTHORIZED REPRESENTATIVE PETITIONER: OF THE ATTORNEY GENERAL:

-4-f R ~\Lf?Le..LWA__., HEATHER L. PEARLMAN Deputy Director N. Seventh Street Torts Branch #827 Civil Division Louisville, KY 40202 U.S. Department of Justice (929) 645-183 7 P. 0. Box 146 [email protected] Benjamin Franklin Station Washington, D.C. 20044-0146

AUTHORIZED REPRESENTATIVE OF ATTORNEY OF RECORD FOR THE SECRETARY OF HEALTH AND RESPONDENT: HUMAN SERVICES: j effrey s. Digitally signed by Jeffrey S. Beach -S ~ (3 Cp<Y'~~ Beac h -S Date: 202s.10.22 14:07:11 -o4'oo' for ~~~~-P~~ CAPT GEORGE REED GRIMES, MD, MPH MALLORI B. OPENCHOWSK.1 Director, Division of Injury Trial Attorney Compensation Programs Torts Branch, Civil Division Health Systems Bureau U.S. Depaiiment of Justice Health Resources and Services P.O. Box 146 Administration Benjamin Franklin Station U.S. Department of Health Washington, D.C. 20044-0146 and Human Services Tel: (202) 305-0660 5600 Fishers Lane, 14W-18 mallori .b.openchowski(?iwsdoj .gov Rockville, MD 20857

f Dated: JI o'-( / 'WZ.S

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