Palazzolo v. Secretary of Health and Human Services

In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS No. 23-658V

MICHELE PALAZZOLO, Chief Special Master Corcoran

Petitioner, v. Filed: July 1, 2026 SECRETARY OF HEALTH AND HUMAN SERVICES,

Respondent.

Lawrence R. Cohan, Saltz, Mongeluzzi & Bendesky, Philadelphia, PA, for Petitioner. Madylan Louise Yarc, U.S. Department of Justice, Washington, DC, for Respondent.

DECISION ON JOINT STIPULATION1

On May 4, 2023, Michele Palazzolo filed a petition for compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.2 (the “Vaccine Act”). The petition seeks compensation for injuries allegedly related to Petitioner’s receipt of an influenza (“flu”) vaccine, which vaccine is listed in the Vaccine Injury Table (the “Table”), 42 C.F.R. § 100.3(a). Petitioner received the flu vaccine on September 14, 2020. Petitioner alleges that he suffered from Guillain-Barré syndrome (“GBS”) within the Table timeframe. He further alleges that he experienced the residual effects of this condition for more than six months.

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), 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, I agree that the identified material fits within this definition, I will redact such material from public access. 2 National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755. Hereinafter, for ease of citation, all section references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. § 300aa (2018).

Respondent denies that Petitioner suffered from GBS; denies that the vaccine caused Petitioner’s alleged GBS, or any other injury; and denies that his current condition is a sequela of a vaccine-related injury.

Nevertheless, on July 1, 2026, 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 lump sum of $120,000.00 to be paid through an ACH deposit to Petitioner’s counsel’s IOLTA account for prompt disbursement to Petitioner. 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

3 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by the parties’ joint filing of notice renouncing the right to seek review.

IN THE UNITED STATES COURT OF FEDERAL CLAIMS

OFFICE OF SPECIAL MASTERS

MlCII ELE PALAZZOLO,

Petitioner, No. 23-658V

Chief Special Master Brian H. Corcoran v. ECf SECRETARY OF HEALTH AND HUMAN SERVICES,

Respondent.

STIPULATION

The parties hereby stipulate to the fo llowing· matters:

1. Michele Pala7,zolo (''petitioner"), fi led a petition for vaccine compensation under the , ational Vaccine Injury Compensation Program, 42 U.S.C. § 300aa- l Oto -34 (the "Vaccine Program"). The petition seeks compensat ion for inj uries allegedly related to petitioner's receipt of an innuenza ("flu") vacc ine, which vaccine is contained in the Vaccine Injury Table (the "Table"), 42 C.F.R. § 100J(a).

2. Petitioner received a flu vacc ine on September 14, 2020.

3. The vacc ine was adm inistered within the United States.

4. Petitioner al leges that he suffered from Guillain Barre Syndrome ("OBS'') within the Table timeframe. He further alleges that he experienced the residual effects of' this condition for more than six months.

5. Petitioner represents that there has been no prior award or settlcmenL of a civil action fo r damages on his behalf as a result of his alleged injury.

6. Respondent denies that petitioner suffers from OBS; denies that the vaccine caused petitioner's alleged OBS, or any other injury; and denies that his current condition is a sequc la 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 Stipu lation.

8. As soon as practicable after an entry of judgment reflecting a dec ision consistent with the terms of this Stipulation, and after petitioner has fi led an election to receive compensation pursuant to 42 U.S.C. § 300aa-2 I(a)( I), the Secretary of Health and Human Services will issue the following vaccine compensation payment:

A lump sum of$120,000.00 to be paid through an ACH deposi t to petitioner's counsel's IOLT/\ account for prompt disbursement to peti tioner. lh is an1ount represents compensation for all damages that would be avail able under 42 U.S .C. § 300aa- I 5(a). 9. t\s soon as practicable after the entry of judgment on entitlement in thi s case, and after petitioner has fil ed both a proper and timely election to receive compensat ion pursuant to 42 U.S.C. § 300aa-2 I(a)( I), and an app lication, the patties wi ll submit to further proceedings before the spec ial master to award reasonable attorneys' fees and costs incurred in proceed ing upon thi s petition.

I 0. Petitioner and his attorney represent that compensation to be provided pursuant to this Stipu lation is not for any items or services for which the Program is not primarily li able under 42 U.S.C. § 300aa-15(g), to the extent that payment has been made or can reasonably be expected to be made under any State compensation programs, insurance po licies, Federal or State health benefits programs (other than Title XIX of the Social Security Act (42 U.S.C. § 1396 ct seq.)), or by entities that provide health services on a pre-paid basis.

11 . Payment made pursuant to paragraph 8 and any amounts awarded pursuant to paragraph 9 or this Stipulation will be made in accordance with 42 U.S.C. § 300aa-15(i), subject to the avai lability 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 unreimbursab le expenses, the money provided pursuant to thi s 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 payment described in paragraphs 8 and 9, petitioner, in his indi vidual capacity, and on behalf of his heirs, executors, administrators, successors or assigns, docs forever irrevocably and unconditionall y release, acquit and discharge the United States and the Secretary of Hea lth and Human Services from any and all actions or causes of action (including agreements, judgments, claims, damages, loss of services, expenses and al l demands of whatever kind or nature) that have been brought, could have been brought, or could be timely brought in the Court of Federal Claims, under the National Vaccine Injury Compensation Program, 42 U.S.C. § J00aa-10 ct seq., on account of, or in any way growing out ot~ any and all known or unknown, suspected or unsuspected personal injuries to or death of petitioner resulting from, or al lcged to have resulted from, the flu vaccination administered on September 14, 2020, as alleged in a petition for vacc ine compensation filed on or about May 4, 2023, in the United States Court of Federal Claims as petition No. 23-658V.

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

15. If the special master fa ils to issue a deci sion in complete conformity with the terms of this Stirulation or if the Court of Federal Claims fails to enter judgment in conformity with a decision that is in complete confom1ity with the terms of this Stipulation, then the parties ' settlement and lhis Stipulation sha ll be voidable at the sole discretion of either party.

16. Th is Stipulation expresses a full and complete negotiated settlement of liab ility 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 rarties hereto to make any payment or to do any act or thing other than is herein express ly stated and clearly agreed to. The parties further agree and understand that the award described in this Stipulation may renect a compromise of the parties' respective positions as to liabil ity and/or amount of damages, and further, that a change in the natl1re of the injury or cond ition or in the items of compensation sought, is not grounds to modify or revise this agreement.

17. This Stipulation shall not be constnicd as an admission by the Un ited States or the Secretary of llcalth and lluman Services that the flu vaccine caused petitioner's alleged injury or any other injury or his current disabi lities, or that petitioner suffered an injury contained in the Vaccine Injury Table.

I 8. AII rights and obi igations of petitioner hereunder sha ll apply equally to petitioner's heirs, executors, administrators, successors, and/or assigns.

END OF STIPULATION

Respectfully submitted.

PETITIONER: t'v1lCI Ir. LE PALAZ7.0l.O ATTORNEY OF RECORD FOR AUTHORIZED RF.PRF.SEJ\TA Tl\'f. PETITIONER : OF THE ATTORNEY GF.NERAL:

\ JJ,~ b) $ , - P ~ ~ HEATHER L. PEARLMAN

Saltz MongcluZLi Bcmh:sky P.C. Deputy Di rector One Lihertv Place. 5::! nd Fl<h1r Torts Branch. Ci, ii Di\'ision 1650 i\farkct Strl'.'Cl U.S. Department of Justi ce Philadelphia. PA 1()103 P.O. Box 146 (215) 575-3887 Benjamin Frankl in Srntion lcohanru'srnbh.cLrn1 \.\'ashington. DC 20044-0146 ,\LTIIORIZED REPRESE\TA Tl\'E ATTORNEY OF RECORD FOR OF THE SECRETARY OF HF.Al.Tit RESPO:\DE\T: .-\\D HL.\IA\ SER\'ICES:

Jeff re y s' Ha~C,u,"\ L - ~ Beach -s

D9,i,lly1,9,cd by le ff, oy I Booch I for Dm2026060ll10K1904CO

~ "¥Mu..- L . . f ~ ~ CPT GEO RGE IUT D Ci Rl :VlFS. :VID. \ !Pl I M.!\DYL A~ L YA RC Director. Di\'ision of Injury Trial Attorney Cornpcrn,alinn Programs Torts Brun(.;h, Ci, ii Di, isi on I k alth Systems Burl'.'au U.S. Department of Justice I lcalth Resources and Sen icL'S P.O. Box 146 Ad ministration Bcnjurnin Frankl in Station U. S. Department of I lcallh Washington. DC 20044-0146 and I luman Ser,·iccs (202) 532-5497 5600 Fi shl'.'rs Lane. I4\\'- IR rnnclylan. I .ynrc(ri'usdoj .go,· Rock\ ilk. fD 20857

CERTIFICATE OF SERVICE

I certify that today, July 1, 2026, a copy of the foregoing pleading was served by electronic mail to Lawrence Cohan at [email protected].

/s/ Madylan L. Yarc