VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_13-vv-00787
Package ID: USCOURTS-cofc-1_13-vv-00787
Petitioner: Summer Paolone
Filed: 2013-10-10
Decided: 2014-09-16
Vaccine: influenza
Vaccination date: 2011-09-22
Condition: brachial neuritis leading to frozen shoulder
Outcome: compensated
Award amount USD: 120000

AI-assisted case summary:
Summer Paolone filed a petition on October 10, 2013, alleging that an influenza vaccine she received on September 22, 2011, caused her to develop brachial neuritis leading to frozen shoulder. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) Report on January 14, 2014, conceding that petitioner's left shoulder injury was caused by the vaccination and was compensable under the National Childhood Vaccine Injury Act. On March 25, 2014, the respondent filed a Proffer on Award of Compensation. Special Master Laura D. Millman reviewed the proffer and found its terms to be reasonable. Based on the record, Special Master Millman determined that petitioner was entitled to compensation. The court awarded petitioner a lump sum payment of $120,000.00, representing all elements of compensation available under 42 U.S.C. § 300aa-15(a). The award was to be paid via a check made payable to petitioner. Petitioner was represented by Lawrence R. Cohan, and respondent was represented by Lynn E. Ricciardella. The decision was issued by Special Master Millman on March 25, 2014, and filed on April 15, 2014.

Theory of causation field:
Petitioner Summer Paolone alleged that an influenza vaccine administered on September 22, 2011, caused brachial neuritis leading to frozen shoulder. Respondent conceded causation in its Rule 4(c) Report filed January 14, 2014. Special Master Laura D. Millman adopted the Respondent's Proffer on Award of Compensation filed March 25, 2014. The proffer stated that the $120,000.00 award represented all elements of compensation under 42 U.S.C. § 300aa-15(a). The decision was issued by Special Master Millman on March 25, 2014. Petitioner's counsel was Lawrence R. Cohan, and respondent's counsel was Lynn E. Ricciardella.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_13-vv-00787-0
Date issued/filed: 2014-04-15
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 03/25/2014) regarding 13 DECISION Stipulation/Proffer Signed by Special Master Laura D Millman. (tlj) Copy to parties.
--------------------------------------------------------------------------------
Case 1:13-vv-00787-UNJ Document 18 Filed 04/15/14 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 13-787V
Filed: March 25, 2014
Not for Publication
*************************************
SUMMER PAOLONE, *
*
Petitioner, *
* Damages decision based on proffer;
v. * flu vaccine; brachial neuritis; frozen
* shoulder
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
*
*************************************
Lawrence R. Cohan, Philadelphia, PA, for petitioner.
Lynn E. Ricciardella, Washington, DC, for respondent.
MILLMAN, Special Master
DECISION AWARDING DAMAGES1
On October 10, 2013, petitioner filed a petition under the National Childhood Vaccine
Injury Act, 42 U.S.C. §§ 300aa–10–34 (2012), alleging that she suffered brachial neuritis leading
to frozen shoulder as a result of receiving influenza (“flu”) vaccine on September 22, 2011. Pet.,
Oct. 10, 2013, ECF No. 1. On January 14, 2014, respondent filed her Rule 4(c) Report, in which
she conceded that petitioner’s left shoulder injury was caused by the September 22, 2011, flu
vaccination, and that her injury was compensable under the Vaccine Act. Resp’t’s Rule 4(c)
1 Because this decision contains a reasoned explanation for the special master's action in this case, the
special master intends to post this decision on the United States Court of Federal Claims's website, in
accordance with the E-Government Act of 2002, Pub. L. No. 107-347, 116 Stat. 2899, 2913 (Dec. 17,
2002). Vaccine Rule 18(b) states that all decisions of the special masters will be made available to the
public unless they contain trade secrets or commercial or financial information that is privileged and
confidential, or medical or similar information whose disclosure would constitute a clearly unwarranted
invasion of privacy. When such a decision is filed, petitioner has 14 days to identify and move to redact
such information prior to the document=s disclosure. If the special master, upon review, agrees that the
identified material fits within the banned categories listed above, the special master shall redact such
material from public access.
1

Case 1:13-vv-00787-UNJ Document 18 Filed 04/15/14 Page 2 of 4
Report, Jan. 14, 2014, ECF No. 7.
On March 25, 2014, respondent filed Respondent’s Proffer on Award of Compensation.
The undersigned finds the terms of the proffer to be reasonable. Based on the record as a whole,
the undersigned finds that petitioner is entitled to the award as stated in the proffer. Pursuant to
the terms stated in the attached proffer, the court awards petitioner a lump sum payment of
$120,000.00, representing all elements of compensation available under 42 U.S.C. § 300aa–
15(a). The award shall be in the form of a check made payable to petitioner in the amount of
$120,000.00.
In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of
the court is directed to enter judgment herewith.2
IT IS SO ORDERED.
Dated: March 25, 2014 /s/ Laura D. Millman
Laura D. Millman
Special Master
2 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by each party, either separately or
jointly, filing a notice renouncing the right to seek review.
2

Case 1:13-vv-00787-UNJ Document 18 Filed 04/15/14 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
____________________________________
)
SUMMER PAOLONE, )
)
Petitioner, ) No. 13-787V
) Special Master Millman
v. )
)
SECRETARY OF HEALTH AND )
HUMAN SERVICES, )
)
Respondent. )
___________________________________ )
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
I. Compensation for Vaccine Injury-Related Items:
Respondent proffers that, based on the evidence of record, petitioner should be
awarded $120,000.00. This amount represents all elements of compensation to which
petitioner would be entitled under 42 U.S.C. § 300aa-15(a)(1); §15(a)(3)(B); and
§15(a)(4). Petitioner agrees.
II. Form of the Award:
The parties recommend that the compensation provided to Summer Paolone should
be made through a lump sum payment as described below, and request that the special
master’s decision and the Court’s judgment award the following:1
A. A lump sum payment of $120,000.00 in the form of a check payable to petitioner,
Summer Paolone. This amount accounts for all elements of compensation under
42 U.S.C. § 300aa-15(a) to which petitioner would be entitled.
Petitioner is a competent adult. Evidence of guardianship is not required in this case.
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 medical expenses and future pain and suffering.
1

Case 1:13-vv-00787-UNJ Document 18 Filed 04/15/14 Page 4 of 4
Respectfully submitted,
STUART F. DELERY
Assistant Attorney General
RUPA BHATTACHARYYA
Director
Torts Branch, Civil Division
VINCENT J. MATANOSKI
Deputy Director
Torts Branch, Civil Division
GLENN A. MACLEOD
Senior Trial Counsel
Torts Branch, Civil Division
s/ Lynn E. Ricciardella
LYNN E. RICCIARDELLA
Senior Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146
Benjamin Franklin Station
Washington, D.C. 20044-0146
Tel.: (202) 616-4356
DATED: March 25, 2014
2