Muollo v. Secretary of Health and Human Services

In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS No. 25-0558V

DAVID MUOLLO,

Petitioner, v. Chief Special Master Corcoran SECRETARY OF HEALTH AND Filed: July 20, 2026 HUMAN SERVICES,

Respondent.

Isaiah Richard Kalinowski, Bosson Legal Group, Fairfax, VA, for Petitioner.

Adam Nemeth Muffett, U.S. Department of Justice, Washington, DC, for Respondent.

DECISION ON JOINT STIPULATION1

On March 28, 2025, David Muollo 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 he suffered a shoulder injury related to vaccine administration (“SIRVA”) resulting from a tetanus diphtheria acellular pertussis (“Tdap”) vaccine received on September 28, 2023. Petition at 1-11; Stipulation, filed July 17, 2026, at ¶¶ 2-4. Petitioner further alleges that the vaccine was administered in the United States, he experienced residual effects of his injury for more than six months, and there has been no prior award or settlement of a civil action for damages on his behalf as a result of his injury. Petition at ¶¶ 5, 31, 35; Stipulation at ¶¶ 3-5. “Respondent denies that petitioner sustained a SIRVA Table Injury, denies that petitioner’s alleged shoulder injury was caused-in-fact by the Tdap vaccine, and denies that the Tdap vaccine caused petitioner any other injury or his current condition.” Stipulation at ¶ 6.

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).

Nevertheless, on July 17, 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 $95,000.00, 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

OFFICE OF SPECIAL MASTERS DAYID MUOLLO,

Petitioner, No. 25-558V (ECF)

Chief Special Master Corcoran V, ECF SECRETARY OF HEALTH AND J IUMAN SERVICES,

Respondent.

STIPULATION

The parties hereby stipulate to the fo llowing matters:

I. David Muollo ("petitioner") filed a petition for vaccine compcnsntion under the National Vacc ine Injury Compensation Program, 42 U.S.C. § 300aa- l0 to 34 (the "Vaccine Program"). The petition seeks compensation fo r injuries allegedly related to petitioner's receipt of a tetanus, diphtheria, and penussis ("Tdap'') vaccine, which vacc ine is contained in the Vaccine Injury Table (the "Table''), 42 C.F. R. § I 00.3(a).

2. Petitioner received a Tclap vacc ine on September 28, 2023, in his left arrn. 1 3. The vaccine was administered within the United States.

4. Petitioner alleges that he suffered a Shoulder Injury Related to Vaccine Administration ("SIRVA'') within the time period set forth in the Table, and that he experienced residual effects of this injury fo r more than six months.

5. Petitioner represents that there has been no prior award or seltlement of a civil action for damages on petitioner's behalf as a result of the alleged injury.

6. Respondent denies that petiti oner sustained ,1 SJRVA Table Injury, denies that petitioner's alleged shoulder injury was caused-in-fact by the Tdap vaccine, and denies that the Tdap vaccine caused petitioner any other injury or his current condition.

7. Maintaining their above-stated pos itions, the parti es nevertheless now agree that the issues between them shall be settl ed 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 renecting a dec ision consistent with the terms of this Stipu lation, and after petitioner has fil ed an election to receive compensation pursuant to 42 U.S.C. § 300aa-2 1(a)( I), the Secretary of TI ea Ith and lluman Services will issue the following vaccine compensation pay ment:

A lump sum payment of $95,000.00 to be paid through an ACTl deposit to peti tioner's counsel's IOLTA account fo r prompt disbursement to petitioner, David Muollo. This amount represents compensation for all damages that would be availabl e under 42 U.S.C. § 300aa- 15(a).

9. As soon as practicable after the entry ofjL1dg111ent on entitlement in this case, and after petitioner has filed both a proper and timely election to receive compensation pursuant lo 42 U.S.C. § 300aa-2 l (a)( I), and an application, the parties will submit to further proceedings before the spec ial master to award reasonable attorneys' fees and costs incurred in proceeding upon thi s petition.

I0. Petitioner and petitioner's allorncy represent that compensation to be provided pursuant to this Stipulation is not for any items or services for which the Program is 1101 primarily liable under 42 U.S.C. § 300aa- IS(g), to the extent that payment has been made or can reasonably be expected 10 be made under any 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 ct seq.)), or by entities that provide hea lth services on a pre-paid basis.

I I. Payment made pursuant to paragraph 8 and any amounts awarded pursuant to paragraph 9 of this St ipulation will be made in accordance wi th 42 U.S.C. § 300aa- l 5(i), subject to the iwailability of sufficient statutory funds.

12. The parties and their attorneys furt her agree and stipulate 1ha1, except for any award for attorneys' fees and litigation costs, and past unreimbursed expenses, the money provided pursuant to this St ipulation will be used solely for the bene!it of petitioner as contemplated by a st rict construction of 42 U.S.C. § 300aa- l 5(a) and (d), and subject to the condi tions of 42 U.S.C. § 300aa- I S(g) and (h).

13. In return for the payments described in paragraphs 8 and 9, petitioner, in peti tioner's individual capac ity, and on bchal f of pet itioner's heirs, executors, administrators, successors or assigns, (a) docs forever irrevocably and uncondit ionally release, acquit, and di scharge the Un ited States and the Secretary of Ilca lth 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 kind or nature) that have been brought, could have been brought, or hereafter could be timely brought in the Court of Federal Claims, under the Vaccine Injury Compensation Program, 42 U.S.C. § 300aa-l Oct seq., (i) on account of, or in any way grow ing out of, any and al l known or unknown, suspected or unsuspected personal injuries to or death of petitioner resulting from, or that may be alleged to have resul ted from, the vacc ination administered on September 28, 2023, and (ii) that petitioner has had, now has, or herea fter may have with respect to the injury that gave rise to the petition for vaccine compensation filed on or about March 28, 2025, in the United States Court or Federal Claims as petition No. 25-558V; and (b) waives any and all rights to any compensation that may be ava ilable under the Countermeasures Injury Compensation Program (CICP), 42 U.S.C. § 247d-6e (or an action under 42 U.S.C. § 24 7d-6d(d)), for a claim alleging that a covered countermeasure, including the COYID- 19 vaccinati on adm inistered on September 18, 2023, on its own or in combination with the Tdap vaccination adm inistered on September 28, 2023, caused or seriously aggravated the injuries that were the subject of the petition for vaccine compensation fi Ice! on or about March 28, 2025, in the United States Court of Federal Claim s as petit ion No. 25-558Y, specifically a shoulder injury, for which petitioner will receive compensation pursuant to this Stipulation. If petitioner has such a claim currently pending with the CICP, petitioner hereby withdraws such claim for compensation in the CfCP. 2 lfno claim for compensation has been fi led in the CICP as or the date this Stipulation is fil ed, petitioner waives the right to lilc a claim as described in this paragraph for compensation in the CICP.

14. ff petitioner should die prior to entry of judgment, this agreement shall be vo idabl e upon proper notice to the Court on bchalf of either or both of the parties.

15. If the special master fai ls to issue a decision in complete conformity with the terms of this St ipul,Hion or if the Court of Federa l Claims fail s to enter judgment in conform ity with a decision that is in complete conform ity with the terms of thi s Stipulation, then the parties' settlement and this Stipulation shall be voidable at the sole discretion of either party.

16. This Stiptdation expresses a full and complete negotiated sett lement of liability and damages claimed under the National Childhood Vaccine Injury Act or 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 to do any act or thing other than is herein expressly stared and clearly agreed to. The parties further agree and understand that the award described in th is Stipulation may rcOect 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 modi fy or revise this agreement.

17. This Stipulation shall not be construed as an adm ission by the United States or the Secretary of Ilcalth and I luman Services that the Tdap vaccine caused petitioner's alleged injury or any other injury or petitioner's current disabilities or that petitioner suffered an injury contained in the Vaccine Injury Table.

18. All rights and obligations of petitioner hereunder shal l apply equally to peti tioner's heirs, executors, admini strators, successors, and/or ass igns.

END OF STIPULATION

I I I I I I Respectfully submitted,

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ATTORNEY OF RECORD FOR AUTHORIZED REPRESENTATIVE PETITIONER: OF THE ATTORNEY GENERAL: ISAIAH KALINOWSKI, SQ. HEATHER L. PEARLMAN BOSSON LEGAL GROUP, P.C. Deputy Director 8300 Arlington, Blvd. Ste B2 Torts Branch fa irfax, Virginia, 2203 I Civil Division (571) 77 1-3225 U.S. Department of Justice ikalinowsk i@bossonlaw .com P.O. Box 146

Benjamin Franklin Station Washington, DC 20044-0146

AUTHORIZED REPRESENTATIVE ATTORNEY OF RECORD FOR OF THE SECRETARY OF HEALTH RESPONDENT:

AND HUMAN SERVICES:

Dlgltally signed by Jeffrey S. Jeffrey S. Beach •S

Date: 2026.06.23 Beach -S 13:44:14 -04'00' for

~ F-F_..µ_,

Tl.....---_,._~~ CAPT GEORGE REED GRIMES, MD, MPH Director, Division of Injury Trial Attorney Compensation Programs Torts Branch Health Systems Bureau Civil Division Health Resources and Services U.S. Department of Justice Administration P.O. Box 146 U.S. Department of Health Benjamin Franklin Station and Human Services Washington, DC 20044-0 146 5600 Fishers Lane, 14 W-18 (202) 6 16-2895 Rockville, MD 20857 [email protected] Dated: _ 7---'./___7_..,, _2 0------"Z'-=b_

CERTIFICAT E OF SERVICE

I certi fy that today, July 17, 2026, a copy of the foregoing pleading wiII be served by electroni c mail to Isaiah Kal inowski at lka [email protected].

/.\/ Adam N. Muf(ett