GUALANDI v. SECRETARY OF HEALTH AND HUMAN SERVICES

In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 24-2001V
JOHN GUALANDI,
Petitioner,
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Chief Special Master Corcoran
Filed: November 25, 2025
Bruce William Slane, The Law Office of Bruce W. Slane, P.C., White Plains, NY, for
Petitioner.
Rachelle Bishop, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On December 5, 2024, John Gualandi 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 an influenza (“flu”) vaccination administered to him
on August 1, 2023, caused him to suffer a shoulder injury related to vaccine administration
(“SIRVA”), as defined in the Vaccine Injury Table, 42 C.F.R. § 100.3. Petition at 1. The
case was assigned to the Special Processing Unit of the Office of Special Masters.
On September 26, 2025, a ruling on entitlement was issued, finding Petitioner
entitled to compensation for SIRVA. On November 21, 2025, Respondent filed a proffer
on award of compensation (“Proffer”) indicating Petitioner should be awarded $72,500.00
in pain and suffering, and $1,391.29 to satisfy a New York State Medicaid lien. Proffer at
2. In the Proffer, Respondent represented that Petitioner agrees with the proffered award.
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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Id. Based on the record as a whole, I find that Petitioner is entitled to an award as stated
in the Proffer.
Pursuant to the terms stated in the attached Proffer, I award the following
compensation:
A. A lump sum payment of $72,500.00 (representing pain and suffering) to be
paid through an ACH deposit to Petitioner’s counsel’s IOLTA account for
prompt disbursement to Petitioner; and
B. A 	lump 	sum 	payment 	of 	$1,391.29, 	representing 	compensation 	for
satisfaction of the New York State Medicaid lien, in the form of a check
payable jointly to Petitioner and:
New York State Department of Health
P.O. Box 415874
Boston, MA 02241-5874
Ref.: Recovery Case No. 283975
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 1:24-vv-02001-UNJ Document 41 Filed 01/13/26 Page 2 of 5

IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
JOHN GUALANDI,
Petitioner,
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
No. 24-2001V
Chief Special Master Corcoran
ECF
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On December 5, 2024, John Gualandi (“petitioner”) filed a petition for compensation
(“Petition”) under the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-1 to -
34 (“Vaccine Act” or “Act”), alleging that an August 1, 2023 influenza vaccine caused him to
suffer a shoulder injury related to vaccine administration (“SIRVA”), as defined in the Vaccine
Injury Table, or alternatively, that petitioner’s supraspinatus tendinopathy, SLAP tear, anterior
inferior labral tear, and subcoracoid bursitis were caused in fact by his vaccination. Petition at 1.
On September 18, 2025, the Secretary of Health and Human Services (“respondent”) filed a Rule
4(c) Report recommending compensation under the terms of the Act for petitioner’s SIRVA
claim, which includes petitioner’s tendinopathy and bursitis; respondent disputed that
petitioner’s alleged SLAP tear, anterior inferior labral tear, and acromioclavicular joint
hypertrophy were related to his SIRVA or a vaccine-related injury. ECF No. 25. On September
26, 2025, the Court issued a Ruling on Entitlement finding petitioner entitled to compensation
for his SIRVA as it relates to his tendinopathy and bursitis and excluding damages related to his
SLAP tear, anterior inferior labral tear, and AC joint hypertrophy . ECF No. 26. Respondent
proposes the following proffer on award of compensation.
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I. 	Items of Compensation
A. 	Pain and Suffering
Respondent proffers that petitioner should be awarded $72,500.00 in pain and suffering.
See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees.
B. 	Medicaid Lien
Respondent proffers that petitioner should be awarded funds to satisfy a New York State
Medicaid lien in the amount of $1,391.29, which represents full satisfaction of any right of
subrogation, assignment, claim, lien, or cause of action New York State may have against any
individual as a result of any Medicaid payments New York State has made to or on behalf of
petitioner from the date of his eligibility for benefits through the date of judgment in this case as
a result of his alleged vaccine-related injury suffered on or about August 1, 2023, under Title
XIX of the Social Security Act. Petitioner agrees.
These amounts represent all elements of compensation to which petitioner is entitled
under 42 U.S.C. § 300aa-15(a). Petitioner agrees.
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
lump sum payments as described below and requests that the Chief Special Master’s decision
and the Court’s judgment award the following: 1
A. A lump sum payment of $72,500.00, to be paid through an ACH deposit to
petitioner’s counsel IOLTA account for prompt disbursement to petitioner; and
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 unreimbursed
expenses, future lost earnings and future pain and sufferin g.
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B. A lump sum payment of $1,391.29, representing compensation for satisfaction of the
New York State Medicaid lien, in the form of a check payable jointly to petitioner
and:
New York State Department of Health
P.O. Box 415874
Boston, MA 02241-5874
Ref.: Recovery Case No. 283975
Petitioner agrees to endorse the check to New York State Department of Health for
satisfaction of the Medicaid lien.
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, JR.
Assistant Director
Torts Branch, Civil Division
/s/ Rachelle P. Bishop
RACHELLE P. BISHOP
Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146
Benjamin Franklin Station
Washington, D.C. 20044-0146
(202) 616-3662
Rachelle.P.Bishop@usdoj.gov
Dated: November 21, 2025
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