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In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 13-705V 

Filed: December 9, 2016

* * * * * * * * * * * * * UNPUBLISHED 

CHARLENE CARROCCIA GUADAGNO *

as Administratrix of the Estate of Salvatore *

J. Carroccia, *

*

Petitioner, * Special Master Gowen 

*

v. * Joint Stipulation on Damages; 

* Influenza (“Flu”) Vaccine; Acute 

SECRETARY OF HEALTH * Disseminated Encephalomyelitis 

AND HUMAN SERVICES, * (“ADEM”) 

*

Respondent. *

*

* * * * * * * * * * * * *

Michael J. Williams, Cellino and Barnes, P.C., Buffalo, NY, for petitioner. 

Claudia B. Gangi, United States Department of Justice, Washington, DC, for respondent. 

DECISION ON JOINT STIPULATION1

On September 20, 2013, Salvatore Carroccia filed a petition pursuant to the National 

Vaccine Injury Compensation Program.2 42 U.S.C. §§ 300aa-10 to 34 (2012). Upon his death, 

Charlene Carroccia Guadagno (“petitioner”), as Administratrix of his estate, was substituted as 

petitioner. Petitioner alleges that as a result of receiving an influenza (“flu”) vaccine on 

September 20, 2010, Mr. Carroccia developed acute disseminated encephalomyelitis (“ADEM”), 

and that Mr. Carroccia’s death was the sequela of his alleged vaccine-related injury. Petition at 

Preamble. 

1 Because this decision contains a reasoned explanation for the undersigned’s action in this case, the 

undersigned intends to post this ruling on the website of the United States Court of Federal Claims, in 

accordance with the E-Government Act of 2002, 44 U.S.C. § 3501 note (2012) (Federal Management and 

Promotion of Electronic Government Services). As provided by Vaccine Rule 18(b), each party has 14 

days within which to request 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).

2 The National 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 this decision to individual sections of the 

Vaccine Act are to 42 U.S.C.A. § 300aa. 
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On December 8, 2016, the parties filed a stipulation in which they state that a decision 

should be entered awarding compensation. Respondent denies that the flu vaccine caused Mr. 

Carroccia’s alleged ADEM, any other injury, or his death. Stipulation at ¶ 6. Nevertheless, the 

parties agree to the joint stipulation, attached hereto as Appendix A. The undersigned finds the 

stipulation reasonable and adopts it as the decision of the Court in awarding damages, on the 

terms set forth therein.

The parties stipulate that petitioner shall receive the following in compensation:

a. A lump sum of $450,000.00 in the form of a check payable to petitioner as 

Administratrix of the estate of Salvatore J. Carroccia. This amount represents 

compensation for all remaining damages that would be available under 42 U.S.C. §

300aa-15(a).

Id. at ¶ 8. 

The undersigned approves the requested amount for petitioner’s compensation. 

Accordingly, the clerk of the court SHALL ENTER JUDGMENT in accordance with the terms 

of the parties’ stipulation.3 

IT IS SO ORDERED. 

s/Thomas L. Gowen

 Thomas L. Gowen

Special Master

 

3 Pursuant to Vaccine Rule 11(a), entry of judgment is expedited by the parties’ joint filing of notice 

renouncing the right to seek review.