VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_14-vv-00465
Package ID: USCOURTS-cofc-1_14-vv-00465
Petitioner: Danette Colagreco
Filed: 2014-10-31
Decided: 2014-11-24
Vaccine: influenza
Vaccination date: 2013-10-14
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 1233543.29

AI-assisted case summary:
Danette Colagreco filed a petition on October 31, 2014, seeking compensation under the National Vaccine Injury Compensation Program. She alleged that she suffered a shoulder injury related to vaccine administration (SIRVA) after receiving the influenza vaccine on October 14, 2013. The respondent, the Secretary of Health and Human Services, reviewed the case and concluded that the alleged injury was consistent with SIRVA and that the petitioner met all legal prerequisites for compensation. Based on the respondent's concession, Special Master Brian H. Corcoran found that Danette Colagreco was entitled to compensation for an injury that was caused-in-fact by a covered vaccine. A separate order for damages was to be issued. Petitioner was represented by Paul R. Brazil of Muller Brazil, LLP, and respondent was represented by Traci Patton of the U.S. Department of Justice. The public decision does not describe the specific onset of symptoms, medical tests, treatments, or expert witnesses.

Theory of causation field:
Petitioner Danette Colagreco alleged a shoulder injury related to vaccine administration (SIRVA) following an influenza vaccine on October 14, 2013. The respondent conceded that the injury was consistent with SIRVA and that petitioner met all legal prerequisites for compensation. Special Master Brian H. Corcoran found entitlement based on the respondent's concession and the "caused-in-fact" standard under the National Vaccine Injury Compensation Program, referencing 42 U.S.C. § 300aa-13(a)(1) and 42 C.F.R. § 100.3(a)(I). The specific mechanism of injury, expert testimony, and detailed medical evidence were not described in the public decision, which was a ruling on entitlement only, with damages to be determined separately. Petitioner was represented by Paul R. Brazil, and respondent by Traci Patton. The decision date was November 24, 2014.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_14-vv-00465-0
Date issued/filed: 2014-11-24
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 10/31/2014) regarding 11 Ruling on Entitlement (Signed by Special Master Brian H. Corcoran.)(mpj) Copy to parties.
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Case 1:14-vv-00465-UNJ Document 13 Filed 11/24/14 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 14-465V
(Filed October 31, 2014)
NOT TO BE PUBLISHED
* * * * * * * * * * * * * * * * * * * * * * * * *
DANETTE COLAGRECO, *
* Special Master Corcoran
Petitioner, *
*
v. * Entitlement; Influenza (“flu”) Vaccine;
* Shoulder Injury Related to Vaccine
SECRETARY OF HEALTH AND * Administration (“SIRVA”); Conceded
HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * *
Paul R. Brazil, Muller Brazil, LLP, Philadelphia, PA, for Petitioner.
Traci Patton, U.S. Dep’t of Justice, Washington, D.C., for Respondent.
RULING FINDING ENTITLEMENT1
On June 2, 2014, Danette Colagreco filed a petition seeking compensation under the
National Vaccine Injury Compensation Program.2 Petitioner alleges that she suffered from a
shoulder injury related to vaccine administration (“SIRVA”) as a result of receiving the influenza
(“flu”) vaccine on October 14, 2013.
1 Because this ruling contains a reasoned explanation for my action in this case, it will be posted on the website of
the United States Court of Federal Claims, in accordance with the E-Government Act of 2002, Pub. L. No. 107-347,
§ 205, 116 Stat. 2899, 2913 (codified as amended at 44 U.S.C. § 3501 note (2006)). As provided by 42 U.S.C. §
300aa-12(d)(4)(B), however, the parties may object to the inclusion of certain kinds of confidential information. To
do so, Vaccine Rule 18(b) provides that 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). Otherwise, the ruling will be available to the public.
Id.
2 The Program comprises 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.A. ' 300aa-10 – 34 (2006)) [hereinafter “Vaccine Act” or “the Act”].
Individual sections references hereafter will be to ' 300aa of the Act.

Case 1:14-vv-00465-UNJ Document 13 Filed 11/24/14 Page 2 of 2
In her Rule 4(c) Report, Respondent indicated that the Petitioner’s claim is compensable
under the Act. Respondent specifically stated that the Division of Vaccine Injury Compensation
(DVIC), Department of Health and Human Services, has reviewed the facts of this case and has
concluded that Petitioner’s alleged injury is consistent with SIRVA. Rule 4(c) Report at 4.
Additionally, the Rule 4(c) Report acknowledges that Petitioner has satisfied all the other legal
prerequisites for compensation under the Vaccine Act. Id. Respondent therefore concludes that
Petitioner is entitled to an award of damages.
In view of Respondent’s concession, and based on my own review of the record (See §
300aa-13(a)(1); 42 C.F.R. § 100.3 (a)(I)), I find that Petitioner is entitled to compensation for an
injury that was caused-in-fact by a covered vaccine. 42 C.F.R. §§ 100.3(a)(XIV), 100.3(b)(2). A
separate damages order will issue shortly.
Any questions may be directed to my law clerk, Ashley Yull, at (202) 357-6391.
IT IS SO ORDERED.
/s/ Brian H. Corcoran
Brian H. Corcoran
Special Master
2

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DOCUMENT 2: USCOURTS-cofc-1_14-vv-00465-1
Date issued/filed: 2016-08-26
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 07/29/2016) Regarding 36 DECISION - Proffer (Signed by Special Master Brian H. Corcoran). (ed) Copy to parties.
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Case 1:14-vv-00465-UNJ Document 40 Filed 08/26/16 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 14-465V
(Not to be Published)
* * * * * * * * * * * * * * * * * * * * * * * * *
*
DANETTE COLAGRECO, *
*
Petitioner, * Filed: July 29, 2016
*
v. *
* Decision by Proffer; Damages;
SECRETARY OF HEALTH * Influenza (“Flu”) Vaccine;
AND HUMAN SERVICES, * Shoulder Injury Related to Vaccine
* Administration (“SIRVA”).
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * *
Paul R. Brazil, Muller Brazil, LLP, Dresher, PA, for Petitioner.
Traci R. Patton, U.S. Dep’t of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On June 2, 2014, Danette Colagreco filed a petition seeking compensation under the
National Vaccine Injury Compensation Program.2 ECF No. 1. Petitioner alleged that she suffered
a right shoulder injury as a result of receiving the influenza (“flu”) vaccination on October 14,
2013.
Thereafter, on October 31, 2104, Respondent filed her Rule 4(c) report indicating that
medical personnel of the Division of Injury Compensation Programs (“DICP”), Department of
1 Because this decision contains a reasoned explanation for my actions in this case, I will post it on the United States
Court of Federal Claims website, in accordance with the E-Government Act of 2002, 44 U.S.C. § 3501 (2012). As
provided by 42 U.S.C. § 300aa-12(d)(4)(B), however, the parties may object to the decision’s inclusion of certain
kinds of confidential information. Specifically, under Vaccine Rule 18(b), each party has fourteen 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). Otherwise, the whole decision will
be available to the public. Id.
2 The Vaccine Program comprises Part 2 of the National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660,
100 Stat. 3758, codified as amended at 42 U.S.C. §§ 300aa-10 through 34 (2012) (“Vaccine Act” or “the Act”).
Individual section references hereafter will be to § 300aa of the Act (but will omit that statutory prefix).

Case 1:14-vv-00465-UNJ Document 40 Filed 08/26/16 Page 2 of 5
Health and Human Services concluded that Petitioners alleged injury is consistent with a shoulder
injury related to vaccine administration (“SIRVA”). ECF No. 10 at 4. Respondent also concluded
that the statutory six month sequela requirement has been satisfied. Id. Accordingly, Respondent
indicated that based on her review of the record Petitioner satisfied all legal prerequisites for
compensation under the Act. Id. I subsequently issued an entitlement decision on that same day.
ECF No. 11.
On July 29, 2016, Respondent filed a proffer proposing an award of compensation. ECF
No. 35. I have reviewed the file, and based upon that review I conclude that the Respondent’s
proffer (as attached hereto) is reasonable. I therefore adopt it as my decision in awarding damages
on the terms set forth therein.
The proffer awards:
 A lump sum payment of $1,233,543.29, representing compensation for pain and
suffering ($181,142.09), and past and future lost earnings ($1,052,401.20), in the form
of a check payable to Petitioner.
Proffer at II. These amounts represent compensation for all elements of compensation under 42
U.S.C. § 300aa-15(a) to which Petitioner is entitled.
I approve a Vaccine Program award in the requested amount set forth above to be made to
Petitioner. 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.3
IT IS SO ORDERED.
/s/ Brian H. Corcoran
Brian H. Corcoran
Special Master
3 Pursuant to Vaccine Rule 11(a), the parties may expedite entry of judgment by each filing (either jointly or separately)
a notice renouncing their right to seek review.
2

Case 1:14-vv-00465-UNJ Document 40 Filed 08/26/16 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
DANETTE COLAGRECO, )
)
Petitioner, )
v. ) No. 14-465V
) Special Master Corcoran
SECRETARY OF HEALTH AND HUMAN ) ECF
SERVICES, )
)
Respondent. )
)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
I. Items of Compensation
A. Future Medical Care Expenses
Respondent proffers that based on the evidence of record, petitioner is not entitled to an
award for projected unreimbursable medical care expenses incurred from the date of judgment as
provided under 42 U.S.C. § 300aa-15(a)(1)(A). Petitioner agrees.
B. Lost Earnings
The parties agree that based upon the evidence of record, Danette Colagreco has suffered
past and future loss of earnings as a result of her vaccine-related injury. Therefore, respondent
proffers that the Court should award Danette Colagreco a lump sum of $1,052,401.20 for lost
earnings as provided under 42 U.S.C. § 300aa-15(a)(3)(A).
C. Pain and Suffering
Respondent proffers that the Court should award Danette Colagreco a lump sum of
$181,142.09 for her actual and projected pain and suffering. This amount reflects that the award
for projected pain and suffering has been reduced to net present value. See 42 U.S.C. § 300aa-
15(a)(4). Petitioner agrees.

Case 1:14-vv-00465-UNJ Document 40 Filed 08/26/16 Page 4 of 5
D. Past Unreimbursable Expenses
Respondent proffers that based on the evidence of record, petitioner is not entitled to an
award for past unreimbursable expenses as provided under 42 U.S.C. § 300aa-15(a)(1)(A).
Petitioner agrees.
II. Form of the Award
The parties recommend that compensation provided to petitioner should be made through
a lump sum payment of $1,233,543.29, representing compensation for pain and suffering
($181,142.09) and past and future lost earnings ($1,052,401.20) in the form of a check payable to
petitioner.1
Respectfully submitted,
BENJAMIN C. MIZER
Deputy Assistant Attorney General
RUPA BHATTACHARYYA
Director
Torts Branch, Civil Division
CATHARINE E. REEVES
Acting Deputy Director
Torts Branch, Civil Division
GLENN A. MACLEOD
Senior Trial Counsel
Torts Branch, Civil Division
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 lost earnings
and and future pain and suffering.

Case 1:14-vv-00465-UNJ Document 40 Filed 08/26/16 Page 5 of 5
s/ Traci R. Patton
TRACI R. PATTON
Senior Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146
Benjamin Franklin Station
Washington, D.C. 20044-0146
Telephone: (202) 353-1589
Dated: July 29, 2016