In the United States Court of Federal Claims 

OFFICE OF SPECIAL MASTERS

No. 19-474V

UNPUBLISHED

ADRIA PECORA

and JOSEPH PECORA, JR.,

as representatives of the ESTATE OF 

MARYANNE PECORA,

deceased,

 Petitioner,

v.

SECRETARY OF HEALTH AND 

HUMAN SERVICES,

 Respondent.

Chief Special Master Corcoran 

Filed: March 30, 2021

Special Processing Unit (SPU); Joint 

Stipulation on Damages; Influenza 

(Flu) Vaccine; Guillain-Barre 

Syndrome (GBS)

Danielle Anne Strait, Maglio Christopher & Toale, PA, Seattle, WA, for petitioners.

Claudia Barnes Gangi, U.S. Department of Justice, Washington, DC, for respondent.

DECISION ON JOINT STIPULATION1

On April 1, 2019, Adria Pecora and Joseph Pecora, Jr., (“Petitioners”), as personal 

representatives of the Estate of Maryanne Pecora (“Mrs. Pecora”), deceased, filed a 

petition for compensation under the National Vaccine Injury Compensation Program, 42 

U.S.C. §300aa-10, et seq.

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(the “Vaccine Act”). Petitioners allege that Mrs. Pecora

suffered Guillain-Barre Syndrome (“GBS”) as a result of an influenza (“flu”) vaccine 

administered on October 8, 2017. Petition at 1-2; Stipulation, filed on March 30, 2021, at 

¶¶ 1-2, 4. Petitioners further allege that the vaccine was administered within the United 

States; that Mrs. Pecora’s condition lasted more than six months and that her death was 

the sequela of her alleged vaccine-related injury; and that there has been no prior award 

1 Because this unpublished decision contains a reasoned explanation for the action in this case, I am 

required to post it on the United States Court of Federal Claims' website in accordance with the EGovernment Act of 2002. 44 U.S.C. § 3501 note (2012) (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 “§” references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. § 300aa 

(2012).
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or settlement of a civil action for damages on behalf of Mrs. Pecora as a result of her 

alleged condition or her death. Petition at 1, 4-5; Stipulation at ¶¶ 3-5. “Respondent denies 

that the flu vaccine caused Mrs. Pecora’s alleged GBS, any other injury, or her death.” 

Stipulation at ¶ 6. 

Nevertheless, on March 30, 2021, the parties filed the attached joint stipulation, 

stating that a decision should be entered awarding compensation. I find the stipulation 

reasonable and adopt it as my decision awarding damages, on the terms set forth therein.

Pursuant to the terms stated in the attached Stipulation, I award the following 

compensation:

A lump sum of $280,447.00 in the form of a check payable to Petitioners as 

legal representatives of the Estate of Maryanne Pecora. Stipulation at ¶ 8. This 

amount represents compensation for all items of damages that would be available 

under Section 15(a).

I approve the requested amount for Petitioners’ compensation. In the absence of 

a motion for review filed pursuant to RCFC Appendix B, the clerk of the 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.
IN THE UNITED ST ATES COURT OF FEDERAL CLAIMS 

OFFICE OF SPECIAL MASTERS 

ADRIA PECORA and JOSEPH 

PECORA, JR., as representatives of 

the ESTA TE OF MARY ANNE 

PECORA, deceased, 

Petitioner, 

V. 

SECRETARY OF HEALTH 

AND HUMAN SERVICES, 

Respondent. 

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STJPULA T1ON 

The parties hereby stipulate to the following matters: 

No. 19-474V 

Chief Special Master Corcoran 

(ECF) 

I. Adria Pecora and Joseph Pecora, Jr. ("petitioners"), as personal representatives of the 

estate of Maryanne Pecora ("Mrs. Pecora"), deceased, filed a petition for vaccine compensation 

under the National Vaccine Injury Compensation Program, 42 U.S.C. § 300aa-10 to -34 (the 

"Vaccine Program"). The petition seeks compensation for injuries and death allegedly related to 

Mrs. Pecora's receipt of an influenza ("flu") vaccine, which vaccine is contained in the Vaccine 

Injury Table (the "Table"), 42 C.F.R. § 100.3(a). 

2. Mrs. Pecora received the flu vaccine on October 8, 2017. 

3. The vaccine was administered within the United States. 

4. Petitioners allege that as a result of receiving the flu vaccine, Mrs. Pecora suffered 

Guillain-Barre Syndrome ("GBS"). Mrs. Pecora passed away on December 27, 2017. 

Petitioners further allege that Mrs. Pecora's death was the sequela of her alleged vaccine-related 

injury. 
5. Petitioners represent that there has been no prior award or settlement of a civil action 

for damages on behalf of Mrs. Pecora as a result of her alleged condition or her death. 

6. Respondent denies that the flu vaccine caused Mrs. Pecora's alleged GBS, any other 

injury, or her death. 

7. Maintaining their above-slated positions, the parties nevertheless now agree that the 

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

compensation described in paragraph 8 of this Stipulation. 

8. As soon as practicable after an entry of judgment reflecting a decision consistent with 

the terms of this Stipulation, and after petitioner has filed an election to receive compensation 

pursuant to 42 U.S.C. § 300aa-2l(a)(l), the Secretary of Health and Human Services will issue 

the following vaccine compensation payment: 

A lump sum of $280,447.00 in the form of a check payable to petitioners as legal 

representatives of the Estate of Maryanne Pecora. This amount represents 

compensation for all damages that would be available under 42 U.S.C. § 300aa-15(a). 

9. As soon as practicable after the entry of judgment on entitlement in this case, and after 

petitioners have filed both a proper and timely election to receive compensation pursuant to 42 

U.S.C. § 300aa-2l(a)(l), and an application, the parties will submit to further proceedings before 

the special master to award reasonable attorneys' fees and costs incurred in proceeding upon this 

petition. 

10. Petitioners and their attorney represent that they have identified to respondent all 

known sources of payment for items or services for which the Program is not primarily liable 

under 42 U .S.C. § 300aa-I S(g), including State compensation programs, insurance policies, 

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Federal or State health benefits programs ( other than Title XIX of the Social Security Act ( 42 

U.S.C. § 1396 et seq.)), or entities that provide health services on a pre-paid basis. 

11. Payments made pursuant to paragraph 8 of this Stipulation, and any amount awarded 

pursuant to paragraph 9, will be made in accordance with 42 U .S.C. § 300aa-15(i), subject to the 

availability of sufficient statutory funds. 

12. Petitioners represent that they presently are, or within 90 days of the date of 

judgment wiU become, duly authorized to serve as the legal representatives of the Estate of 

Maryanne Pecora under the laws of the State of New Jersey. No payments pursuant to this 

Stipulation shall be made until petitioners provide the Secretary with documentation establishing 

their appointment as the legal representatives of the Estate of Maryanne Pecora. If petitioners 

are not authorized by a court of competent jurisdiction to serve as the legal representatives of the 

Estate of Maryanne Pecora at the time a payment pursuant to this Stipulation is to be made, any 

such payment shall be paid to the party or parties appointed by a court of competent jurisdiction 

to serve as the legal representatives of the Estate of Maryanne Pecora upon submission of written 

documentation of such appointment to the Secretary. 

13. In return for the payments described in paragraph 8, and any amount awarded 

pursuant to paragraph 9, petitioners, in their individua I capacities, and as the Personal 

Representatives of the Estate of Maryanne Pecora, on behalf of Mrs. Pecora 's heirs, executors, 

administrators, successors or assigns, do forever irrevocably and unconditionally release, acquit 

and discharge the United States and the Secretary of Health and Human Services from any and 

all actions or causes of action (including agreements, judgments, claims, damages, loss of 

services, expenses and all demands of whatever kind or nature) that have been brought, could 

have been brought, or could be timely brought in the Court of Federal Claims, under the National 

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Vaccine Injury Compensation Program, 42 U .S.C. § 300 aa-10 et seq., on account of, or in any 

way growing out of, any and all known or unknown, suspected or unsuspected personal injuries 

to or death of Mrs. Pecora resulting from, or alleged to have resulted from, the flu vaccine 

administered on October 8, 2017, as alleged in a Petition filed on April I, 2019, in the United 

States Court of Federal Claims as petition No. 19-474V. 

14. If the special master fails to issue a decision in complete conformity with the terms 

of this Stipulation or if the United States Court of federal Claims fails to enter judgment in 

conformity with a decision that is in complete conformity with the terms of this Stipulation, then 

the parties' settlement and this Stipulation shall be voidable at the sole discretion of either party. 

15. This Stipulation expresses a full and complete negotiated settlement of liability and 

damages claimed under the National Childhood Vaccine Injury Act of I 986, as amended. There 

is absolutely no agreement on the pait of the patties hereto to make any payment or do any act or 

thing other than is herein expressly stated and clearly agreed to. The parties further agree and 

understand that the award described in this Stipulation may rellect a compromise of the parties' 

respective positions as to liability and/or amount of damages. 

16. This Stipulation shall not be construed as an admission by the United States or the 

Secretary of Health and Human Services that the flu vaccine caused Mrs. Pecora's alleged GBS 

or any other i1~ury or her death. 

17. All rights and obligations ofpetitioncrs in their capacities as the Personal 

Representatives of the Estate of Maryanne Pecora shall apply equally to petitioners' heirs, 

executors, administrators, successors, and/or assigns. 

END OF STIPULATION 

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Respectfully submitted, 

PETITIONERS: 

ADRIA PECORA 

ATTORNEY OF RECORD FOR 

PETITIONERS: 

~/hi~ DANTLE; TRAIT, ESQ. 

Maglio, Christopher & Toale, PA 

1325 Fourth Ave., Suite 1730 

Seattle, Washington 9810 I 

Tel: (888) 952-5242 

Email: dstrait@mctlawyers.com 

AUTHORIZED REPRESENTATIVE OF 

THE SECRETARY OF HEALTH AND 

1-IDMAN SERVICES: 

CAPTD& ~I DI/S~, tY1., 

TAMARA OVERBY 

Acting Director, Division oflnjury 

Compensation Programs 

Healthcare Systems Bureau 

Health Resources and Services Administration 

U.S. Department of Health and Human Services 

5600 Fishers Lane 

Parklawn Building, Mail Stop 08Nl468 

Rockville, MD 20857 

Dated: 0~ t''16 /z O'L / 

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AUTHORIZED REPRESENTATIVE 

OF THE ATTORNEY GENERAL: 

\ ~~~ ?~ 

HEATHER L. PEARLMAN 

Acting Deputy Director 

Torts Branch 

Civil Division 

U.S. Department of Justice 

P.O. Box 146 

Benjamin Franklin Station 

Washington, DC 20044-0146 

ATTORNEY OF RECORD FOR 

RESPONDENT: 

[1,D-tXku 8 E:nM.°Y' 

1⁄4~LP~ 

CLAUDIA B. GANGI 

Senior Trial Attorney 

Torts Branch 

Civil Division 

U.S. Department of Justice 

P.O. Box 146 

Benjamin Franklin Station 

Washington, DC 20044-0146 

Tel: (202) 616-4138 

Emai I: claudia.gangi@usdoj.gov