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

In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 22-0277V
JOHN PIERMATTEO, Chief Special Master Corcoran
Petitioner, Filed: November 6, 2023
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Leah VaSahnja Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC, for
Petitioner.
Mallori Browne Openchowski, U.S. Department of Justice, Washington, DC, for
Respondent.
RULING ON ENTITLEMENT1
On March 10, 2022, John Piermatteo 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 Guillain-Barre Syndrome (“GBS”)
resulting from an influenza (“flu”) vaccine received on December 11, 2019. Petition at 1.
Petitioner further alleges that the vaccine was administered in the United States, his injury
has lasted for longer than six months, and neither Petitioner, nor any other party, has ever
received compensation in the form of an award or settlement for his vaccine-related injury.
1 Because this Ruling 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 Ruling 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).
Petition at ¶¶ 1, 10, 11; Ex. 1. The case was assigned to the Special Processing Unit of
the Office of Special Masters.
On November 6, 2023, Respondent filed an amended Rule 4(c) report in which he
concedes that Petitioner is entitled to compensation in this case. Respondent’s Rule 4(c)
Report at 1-2. Specifically, Respondent agrees that “petitioner has satisfied the criteria
set forth in the Table and the Qualifications and Aids to Interpretation for GBS, which
afford him a presumption of vaccine causation if the onset occurs between three and
forty-two days after a seasonal flu vaccination and there is no more likely alternative
diagnosis and no apparent alternative cause.” Id. at 6-7. Respondent further agrees that
the record shows that the case was timely filed, the vaccine was received in the United
States, and Petitioner satisfies the statutory severity requirement by suffering the residual
effects of his injury for more than six months. Id. at 7. Respondent adds that Petitioner
has averred that no civil action or proceedings have been pursued in connection with the
vaccine-related injury. Id.
In view of Respondent’s position and the evidence of record, I find that
Petitioner is entitled to compensation.
IT IS SO ORDERED.
s/Brian H. Corcoran
Brian H. Corcoran
Chief Special Master
2