# In the United States Court of Federal Claims

Office of Special Masters

Filed: February 23, 2022

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THOMAS JOSEPH GRANDINETTI, *

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Petitioner, * No. 19-1763V

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v. * Special Master Gowen

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SECRETARY OF HEALTH *

AND HUMAN SERVICES, *

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Respondent. *

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Matthew F. Belanger, Faraci Lange, LLP, Rochester, NY, for petitioner.

Kyle Pozza, U.S. Department of Justice, Washington, D.C., for respondent.

DECISION ON STIPULATION 1



### On November 15, 2019, Thomas Joseph Grandinetti (“petitioner”) , filed a petition pro se for compensation under the National Vaccine Injury Program. 2 

### Petition (ECF No. 1). On June

19, 2020, petitioner filed an amended petition. Amended Petition (ECF. No. 26). Petitioner

alleges that he suffered a Shoulder Injury Related to Vaccine Administ ration (“SIRVA”) as a

result of receiving the influenza (“flu”) vaccine on September 1 8, 2017. Id.

On January 19, 2022, respondent filed a stipulation providing a decision should be

entered awarding compensation to petitioner. Stipulation (ECF No. 47 ). Respondent denies that

the vaccines are the cause of petitioner’s alleged injuries, or any other injury or her current

1 P ursuant to the E

- Government Act of 2002, see 44 U.S.C. § 3501 note (2012), b ecause this opinion contains a

reasoned explanation for the action in this case, I am required to post it on the website of the United States Court of

Federal Claims. The court’s website is at http://www.uscfc.uscourts.gov/aggregator/sources/7

. This means the

opinion will be available to anyone with access to the Internet. Before the opinion is posted on the court’s

website, eac h party has 14 days to file a motion requesting redaction “of any information furnished by that party:

(1) that is a trade secret or commercial or financial in substance and is privileged or confidential; or (2) that

includes medical files or similar files, the disclosure of which would constitute a clearly unwarranted invasion of

privacy.” Vaccine Rule 18(b). “An objecting party must provide the court with a proposed redacted version of the

decision.” Id. If neither party files a motion for redaction within 14 days, the opinion will be posted on the

court’s website without any changes. Id.

2 The Nati onal Vaccine Injury Compensation Program is set forth in Part 2 of the National Childhood Vaccine

Injury Act of 1986, Pub. L. No. 99

- 660, 100 Stat. 3755, codified as amended, 42 U.S.C. §§ 300aa

- 1 to

- 34 (2012)

(Vaccine Act or the Act). All citations in thi s decision to individual sections of the Vaccine Act are to 42 U.S.C.A. §

300aa.2 

### condition. Id. at ¶ 6. Nevertheless, maintaining their respective positions, the parties now agree

that the issues between them sha ll be settled and that a decision should be entered awarding the

compensation to the petitioner according to the terms of the stipulation attached hereto as

Appendix A. Id. at ¶ 7.

The stipulation provides:

a) A lump sum of $ 37,500.00 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).

Accordingly, the Clerk of the Court SHALL ENTER JUDGMENT in accordance with

the terms of the stipulatio n and this decision. 3



### IT IS SO ORDERED.

s/Thomas L. Gowen

Thomas L. Gowen

Special Master

3 Entry of judgment is expedited by each party’s filing notice renouncing the right to seek review. Vaccine Rule

11(a).