Santoro v. Secretary of Health and Human Services ( 2023 )

In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
*************************
WAYNE SANTORO, * No. 20-479V
*
Petitioner, *
* Special Master Christian J. Moran
v. *
* Filed: November 30, 2023
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
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Leah VaSahnja Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC,
for Petitioner;
Kimberly Shubert Davey, United States Dep’t of Justice, Washington, DC, for
Respondent.
UNPUBLISHED DECISION 1
On November 30, 2023, the parties filed a joint stipulation concerning the
petition for compensation filed by Wayne Santoro on April 21, 2020. Petitioner
alleged that the influenza (“flu”) vaccine he received on February 10, 2018, which
is contained in the Vaccine Injury Table (the “Table”), 42 C.F.R. §100.3(a), caused
him to suffer from chronic inflammatory demyelinating polyneuropathy (“CIDP”).
Petitioner further alleges that he suffered the residual effects of this injury for more
than six months. Petitioner represents that there has been no prior award or
settlement of a civil action for damages on his behalf as a result of his condition.
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), the
parties have 14 days to identify and move to redact medical or other information, the disclosure
of which would constitute an unwarranted invasion of privacy. Any changes will appear in the
document posted on the website.
Respondent denies that the flu vaccine caused petitioner to suffer from CIDP
or any other injury or his current condition.
Nevertheless, the parties agree to the joint stipulation, attached hereto. The
undersigned finds said stipulation reasonable and adopts it as the decision of the
Court in awarding damages, on the terms set forth therein.
Damages awarded in that stipulation include:
A lump sum of $150,000.00 in the form of a check payable to petitioner.
This amount represents compensation for all damages that would be
available under 42 U.S.C. § 300aa-15(a).
In the absence of a motion for review filed pursuant to RCFC, Appendix B,
the clerk is directed to enter judgment according to this decision and the attached
stipulation.2
IT IS SO ORDERED.
s/Christian J. Moran
Christian J. Moran
Special Master
2
Pursuant to Vaccine Rule 11(a), the parties can expedite entry of judgment by each
party filing a notice renouncing the right to seek review by a United States Court of Federal
Claims judge.
2