VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_14-vv-01040
Package ID: USCOURTS-cofc-1_14-vv-01040
Petitioner: Roberta Livolsi
Filed: 2014-10-27
Decided: 2015-06-09
Vaccine: influenza
Vaccination date: 2012-10-03
Condition: shoulder injury related to vaccine administration
Outcome: compensated
Award amount USD: 75000

AI-assisted case summary:
Roberta Livolsi filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she suffered a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on October 3, 2012. The case was assigned to the Special Processing Unit. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) Report conceding that Ms. Livolsi was entitled to compensation. The respondent specifically agreed that the injury to petitioner’s left shoulder was caused by the flu vaccine and was not due to unrelated factors, and that the injury had persisted for more than six months. Based on the respondent's concession and the evidence, the Chief Special Master issued a Ruling on Entitlement, finding Ms. Livolsi entitled to compensation. Subsequently, the respondent filed a proffer on award of compensation, recommending an award of $75,000.00. Ms. Livolsi agreed with this proffered amount. The Chief Special Master issued a Decision Awarding Damages, awarding Ms. Livolsi a lump sum payment of $75,000.00, representing compensation for all damages available under the Vaccine Act. This amount was to compensate for her SIRVA.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_14-vv-01040-0
Date issued/filed: 2015-02-24
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 01/22/2015) regarding 14 Ruling on Entitlement (Signed by Chief Special Master Denise Kathryn Vowell.)(mpj) Copy to parties.
--------------------------------------------------------------------------------
Case 1:14-vv-01040-UNJ Document 17 Filed 02/24/15 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 14-1040V
Filed: January 22, 2015
Not for Publication
* * * * * * * * * * * * * * * * * * * * * * * * *
ROBERTA LIVOLSI *
*
*
Petitioner, * Ruling on Entitlement; Concession;
* Influenza Vaccine (“flu”);
v. * Shoulder Injury Related to
* Vaccine Administration (“SIRVA”);
* Special Processing Unit (“SPU”)
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
* * * * * * * * * * * * * * * * * * * * * * * * *
Ronald Homer, Conway, Homer & Chin-Caplan, P.C., Boston, MA, for petitioner.
Lindsay Corliss, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
Vowell, Chief Special Master:
On October 27, 2014, Roberta Livolsi filed a petition for compensation under the
National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq,2 [the
“Vaccine Act” or “Program”]. The petition alleges that as a result of an influenza (“flu”)
vaccination on October 3, 2012, petitioner suffered a shoulder injury related to vaccine
administration (“SIRVA”). Petition at 1. The case was assigned to the Special
Processing Unit of the Office of Special Masters.
On January 22, 2015, respondent filed her Rule 4(c) Report [“Respondent’s
Report”], in which she concedes that petitioner is entitled to compensation in this case.
1 Because this unpublished ruling contains a reasoned explanation for the action in this case, it will be
posted on the United States Court of Federal Claims' website, 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)). 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 (2006).

Case 1:14-vv-01040-UNJ Document 17 Filed 02/24/15 Page 2 of 2
Respondent’s Report at 5. Specifically, respondent submits that “the injury to
petitioner’s left shoulder was caused by the administration of her October 3, 2012, flu
vaccine and that petitioner’s left shoulder injury is not due to factors unrelated” to her
vaccination. Id. Additionally, respondent indicated that petitioner’s injury has persisted
for more than six months. Id.
In view of respondent’s concession and the evidence before me, I find that
petitioner is entitled to compensation.
s/Denise K. Vowell
Denise K. Vowell
Chief Special Master
2

================================================================================
DOCUMENT 2: USCOURTS-cofc-1_14-vv-01040-1
Date issued/filed: 2015-06-09
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 05/19/2015) regarding 21 DECISION Stipulation/Proffer (Signed by Chief Special Master Denise Kathryn Vowell.)(mpj) Copy to parties.
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Case 1:14-vv-01040-UNJ Document 25 Filed 06/09/15 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 14-1040V
Filed: May 19, 2015
Unpublished
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
ROBERTA LIVOLSI, *
*
Petitioner, * Damages Decision Based on Proffer;
* Influenza; Shoulder Injury Related to
* Vaccine Administration (“SIRVA”);
SECRETARY OF HEALTH * Special Processing Unit (“SPU”)
AND HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Meredith Daniels, Conway, Homer & Chin-Caplan, P.C., Boston, MA, for petitioner.
Camille Collett, U.S. Department of Justice, Washington, DC for respondent.
DECISION AWARDING DAMAGES1
Vowell, Chief Special Master:
On October 27, 2014, Roberta Livolsi filed a petition for compensation under the
National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.,2 [the
“Vaccine Act” or “Program”]. Petitioner alleges that she suffered a shoulder injury
related to vaccine administration (“SIRVA”). Petition at 1. The case was assigned to
the Special Processing Unit of the Office of Special Masters.
On January 22, 2015, I issued a ruling on entitlement, finding petitioner entitled to
compensation for her SIRVA. On May 18, 2015, respondent filed a proffer on award of
compensation [“Proffer”] indicating petitioner should be awarded $75,000.00. Proffer at
1.
1 Because this unpublished decision contains a reasoned explanation for the action in this case, I intend
to post it on the United States Court of Federal Claims' website, 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)). 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 (2006).

Case 1:14-vv-01040-UNJ Document 25 Filed 06/09/15 Page 2 of 4
Pursuant to the terms stated in the attached Proffer, I award petitioner a lump
sum payment of $75,000.00 in the form of a check payable to petitioner, Roberta
Livolsi. This amount represents compensation for all damages that would be available
under § 300aa-15(a).
The clerk of the court is directed to enter judgment in accordance with this
decision.3
s/Denise K. Vowell
Denise K. Vowell
Chief Special Master
3 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by each party filing a notice
renouncing the right to seek review.

CCaassee 11::1144--vvvv--0011004400--UUNNJJ DDooccuummeenntt 2205 FFiilleedd 0056//1089//1155 PPaaggee 13 ooff 24
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
ROBERTA LIVOLSI,
Petitioner,
v. No. 14-1040V
Chief Special Master Denise Vowell
SECRETARY OF HEALTH AND ECF
HUMAN SERVICES,
Respondent.
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On January 22, 2015, respondent filed her Rule 4(c) Report, in which she conceded
entitlement. On January 22, 2015, the Court issued a Ruling on Entitlement, finding that
petitioner is entitled to compensation. Respondent now proffers that petitioner receive an award
of a lump sum of $75,000.00 in the form of a check payable to petitioner. This amount
represents compensation for all elements of compensation under 42 U.S.C. § 300aa-15(a) to
which petitioner is entitled. This proffer does not address final attorneys’ fees and litigation
costs. Petitioner is additionally entitled to reasonable attorneys’ fees and litigation costs, to be
determined at a later date upon petitioner submitting substantiating documentation.
Petitioner agrees with the proffered award of $75,000.00.
Respectfully submitted,
BENJAMIN C. MIZER
Principal Deputy Assistant Attorney General
RUPA BHATTACHARYYA
Director
Torts Branch, Civil Division
1

CCaassee 11::1144--vvvv--0011004400--UUNNJJ DDooccuummeenntt 2205 FFiilleedd 0056//1089//1155 PPaaggee 24 ooff 24
VINCENT J. MATANOSKI
Deputy Director
Torts Branch, Civil Division
LYNN E. RICCIARDELLA
Senior Trial Attorney
Torts Branch, Civil Division
s/CAMILLE M. COLLETT
CAMILLE M. COLLETT
Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146
Benjamin Franklin Station
Washington, DC 20044-0146
Tel: (202) 616-4098
Dated: May 18, 2015
2