DEPIETRO v. SECRETARY OF HEALTH AND HUMAN SERVICES

In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 25-0530V
JOSEPH DEPIETRO,
Petitioner,
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Chief Special Master Corcoran
Filed: December 5, 2025
David John Carney, Green & Schafle LLC, Philadelphia, PA, for Petitioner.
James Vincent Lopez, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On March 24, 2025, Joseph DePietro 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”) following an influenza vaccination he received on October 13,
2022. Petition at 1. The case was assigned to the Special Processing Unit of the Office
of Special Masters.
On October 15, 2025, a ruling on entitlement was issued, finding Petitioner entitled
to compensation for his SIRVA. On December 4, 2025, Respondent filed a proffer on
award of compensation (“Proffer”) indicating Petitioner should be awarded $40,000.00 for
pain and suffering. Proffer at 2. In the Proffer, Respondent represented that Petitioner
agrees with the proffered award. Id. Based on the record as a whole, I find that Petitioner
is entitled to an award as stated in the Proffer.
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).
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2
Pursuant to the terms stated in the attached Proffer, I award Petitioner a lump
sum payment of $40,000.00 for pain and suffering, to be paid through an ACH
deposit to Petitioner’s counsel’s IOLTA account for prompt disbursement to
Petitioner. This amount represents compensation for all damages that would be available
under Section 15(a).
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.
Case 1:25-vv-00530-UNJ Document 27 Filed 01/09/26 Page 2 of 4

IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
___________________________________
)
JOSEPH DEPIETRO, 	)
)
Petitioner, 	)
) 	No. 25-530V
v. 	) 	Chief Special Master Corcoran
) 	ECF
SECRETARY OF HEALTH AND 	)
HUMAN SERVICES, 	)
)
Respondent. 	)
____________________________________)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On March 24, 2025, Joseph DePietro (“petitioner”) filed a petition for compensation
under the National Childhood Vaccine Injury Act of 1986, as amended (“the Vaccine Act” or
“the Act”), 42 U.S.C. §§ 300aa-1 to -34, alleging an influenza (“flu”) vaccination he received on
October 13, 2022, caused a shoulder injury related to vaccine administration (“SIRVA”). See
Petition at 1. On October 7, 2025, the Secretary of Health and Human Services (“respondent”)
filed a Rule 4(c) Report electing not to defend and requesting a ruling on the record regarding
petitioner’s entitlement to compensation. ECF No. 15. On October 15, 2025, the Chief Special
Master issued a Ruling on Entitlement, finding that petitioner was entitled to vaccine
compensation. ECF No. 16.
I. 	Items of Compensation
Respondent proffers that petitioner should be awarded $40,000.00 in pain and suffering.
See 42 U.S.C. § 300aa-15(a)(4). This amount represents all elements of compensation to which
petitioner is entitled under 42 U.S.C. § 300aa-15(a). Petitioner agrees.
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2
II. 	Form of the Award
Petitioner is a competent adult. Evidence of guardianship is not required in this case.
Respondent recommends that the compensation provided to petitioner should be made through a
lump sum payment as described below and requests that the Chief Special Master’s decision and
the Court’s judgment award the following:1 a lump sum payment of $40,000.00, to be paid
through an ACH deposit to petitioner’s counsel’s IOLTA account for prompt disbursement to
petitioner.
Respectfully submitted,
BRETT A. SHUMATE
Assistant Attorney General
C. SALVATORE D’ALESSIO
Director
Torts Branch, Civil Division
HEATHER L. PEARLMAN
Deputy Director
Torts Branch, Civil Division
VORIS E. JOHNSON
Assistant Director
Torts Branch, Civil Division
/s James V. Lopez
James V. Lopez
Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146, Ben Franklin Station
Washington, D.C. 20044-0146
Tel: (202) 616-3655
Fax: (202) 616-4310
Email: james.lopez@usdoj.gov
Date: December 4, 2025
1 Should petitioner die prior to entry of judgment, the parties reserve the right to move the Court
for appropriate relief. In particular, respondent would oppose any award for future lost earnings
and future pain and suffering.
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