VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_14-vv-01080 Package ID: USCOURTS-cofc-1_14-vv-01080 Petitioner: Louis Mansolillo Filed: 2014-11-05 Decided: 2015-11-16 Vaccine: influenza Vaccination date: 2013-10-04 Condition: shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 109116 AI-assisted case summary: Louis Mansolillo filed a petition for compensation on November 5, 2014, alleging that he suffered a shoulder injury related to vaccine administration (SIRVA) as a result of a trivalent influenza vaccination on October 4, 2013. The respondent conceded that the petitioner's injury was consistent with SIRVA and was caused by the flu vaccine, with no other causes identified and the injury persisting for more than six months. Based on this concession, a ruling on entitlement was issued on January 21, 2015, finding Mr. Mansolillo entitled to compensation. Subsequently, on April 20, 2015, the parties submitted a proffer on award of compensation, agreeing to a lump sum payment of $100,000.00. This award was formalized in a decision on May 13, 2015. Later, on October 9, 2015, the parties stipulated to attorneys' fees and costs, agreeing to an award of $9,116.90. A final decision on attorneys' fees and costs was issued on November 16, 2015, awarding this amount jointly to Mr. Mansolillo and his counsel. Theory of causation field: Table Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_14-vv-01080-0 Date issued/filed: 2015-02-24 Pages: 2 Docket text: PUBLIC DECISION (Originally filed: 01/21/2015) regarding 13 Ruling on Entitlement (Signed by Chief Special Master Denise Kathryn Vowell.)(mpj) Copy to parties. -------------------------------------------------------------------------------- Case 1:14-vv-01080-UNJ Document 16 Filed 02/24/15 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 14-1080V Filed: January 21, 2015 Not for Publication * * * * * * * * * * * * * * * * * * * * * * * * * LOUIS MANSOLILLO * * * Petitioner, * Ruling on Entitlement; Concession; * Trivalent Influenza Vaccine v. * (“flu”); Shoulder Injury Related to * Vaccine Administration (“SIRVA”); * Special Processing Unit (“SPU”) SECRETARY OF HEALTH * AND HUMAN SERVICES, * * Respondent. * * * * * * * * * * * * * * * * * * * * * * * * * * Amber Diane Wilson, Maglio, Christopher & Toale, PA, Washington, DC, for petitioner. Althea Walker Davis, U.S. Department of Justice, Washington, DC, for respondent. RULING ON ENTITLEMENT1 Vowell, Chief Special Master: On November 5, 2014, Louis Mansolillo 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 a trivalent influenza (“flu”) vaccination on October 4, 2013, petitioner suffered a shoulder injury. Petition at 1-2. The case was assigned to the Special Processing Unit of the Office of Special Masters. On January 20, 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-01080-UNJ Document 16 Filed 02/24/15 Page 2 of 2 Respondent’s Report at 4. Specifically, respondent submits that “petitioner’s alleged injury is consistent with a shoulder injury related to vaccine administration (“SIRVA”) and that it was caused in fact by the flu vaccine he received on October 4, 2013.” Additionally, respondent indicated that no other causes have been identified for petitioner’s SIRVA and 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-01080-1 Date issued/filed: 2015-05-13 Pages: 4 Docket text: PUBLIC DECISION (Originally filed: 04/22/2015) regarding 19 DECISION Stipulation/Proffer (Signed by Chief Special Master Denise Kathryn Vowell.)(mpj) Copy to parties. -------------------------------------------------------------------------------- Case 1:14-vv-01080-UNJ Document 23 Filed 05/13/15 Page 1 of 4 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 14-1080V Filed: April 22, 2015 * * * * * * * * * * * * * * * * * * * * * * * * * LOUIS MANSOLILLO * * * Petitioner, * Damages Decision Based on Proffer; * Influenza Vaccine; Shoulder Injury v. * Related to Vaccine Administration * (“SIRVA”); Special Processing Unit * (“SPU”) SECRETARY OF HEALTH * AND HUMAN SERVICES, * * Respondent. * * * * * * * * * * * * * * * * * * * * * * * * * * Amber Wilson, Esq., Maglio Christopher and Toale, PA, Washington, DC, for petitioner. Althea Davis, Esq., U.S. Department of Justice, Washington, DC, for respondent. DECISION AWARDING DAMAGES1 Vowell, Chief Special Master: On November 5, 2014, Louis Mansolillo 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 a trivalent influenza (“flu”) vaccination on October 4, 2013, petitioner suffered a shoulder injury. Petition at 1-2.The case was assigned to the Special Processing Unit (“SPU”) of the Office of Special Masters. On January 21, 2015, I issued a ruling on entitlement, finding petitioner entitled to compensation. On April 20, 2015, respondent filed a proffer on award of compensation (“Proffer”) detailing compensation for all elements of compensation to which petitioner 1 Because this unpublished decision contains a reasoned explanation for the action in this case, I intend to post this decision on the United States Court of Federal Claims' website, in accordance with the E- Government Act of 2002, Pub. L. No. 107-347, 116 Stat. 2899, 2913 (Dec. 17, 2002). In accordance with Vaccine Rule 18(b), petitioners have 14 days to identify and move to delete 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 delete 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-01080-UNJ Document 23 Filed 05/13/15 Page 2 of 4 would be entitled under §15(a). According to respondent’s Proffer, petitioner agrees to the proposed award of compensation. Pursuant to the terms stated in the attached Proffer, I award petitioner a lump sum payment of $100,000.00 in the form of a check payable to petitioner. This amount represents compensation for all damages that would be available under §15(a). The clerk of the court is directed to enter judgment in accordance with this decision.3 IT IS SO ORDERED. 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. 2 Case 1:14-vv-01080-UNJ Document 23 Filed 05/13/15 Page 3 of 4 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS LOUIS MANSOLILLO, ) ) Petitioner, ) No. 14-1080V ) Chief Special Master v. ) Denise K. Vowell ) ECF 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 $100,000.00. This amount represents all elements of compensation to which petitioner would be entitled under 42 U.S.C. § 300aa-15(a). Petitioner agrees. II. Form of the Award The parties recommend that the compensation provided to petitioner 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 $100,000.00 in the form of a check payable to petitioner, Louis Mansolillo. 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, future lost earnings, and future pain and suffering. Case 1:14-vv-01080-UNJ Document 23 Filed 05/13/15 Page 4 of 4 Respectfully submitted, BENJAMIN C. MIZER Principal Deputy Assistant Attorney General RUPA BHATTACHARYYA Director Torts Branch, Civil Division VINCENT J. MATANOSKI Deputy Director Torts Branch, Civil Division MICHAEL P. MILMOE Senior Trial Counsel Torts Branch, Civil Division s/Althea Walker Davis ALTHEA WALKER DAVIS Senior Trial Counsel Torts Branch, Civil Division U.S. Department of Justice P.O. Box 146 Benjamin Franklin Station Washington, D.C. 20044-0146 Tel: (202) 616-0515 DATED: 20 April 2015 2 ================================================================================ DOCUMENT 3: USCOURTS-cofc-1_14-vv-01080-2 Date issued/filed: 2015-11-16 Pages: 2 Docket text: PUBLIC DECISION (Originally filed: 10/14/2015) regarding 31 DECISION Fees Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties. -------------------------------------------------------------------------------- Case 1:14-vv-01080-UNJ Document 34 Filed 11/16/15 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 14-1080V Filed: October 14, 2015 Unpublished * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * LOUIS MANSOLILLO, * * Petitioner, * v. * * Attorneys’ Fees and Costs; Stipulation SECRETARY OF HEALTH AND * Special Processing Unit (“SPU”) HUMAN SERVICES, * * Respondent. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Amber Wilson, Esq., Maglio Christopher and Toale, PA, Washington, DC, for petitioner. Althea Davis, Esq.,U.S. Department of Justice, Washington, DC, for respondent. DECISION ON ATTORNEYS’ FEES AND COSTS1 Dorsey, Chief Special Master: On November 5, 2014, Petitioner 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 alleged that he suffered a shoulder injury. On April 22, 2015, a decision issued awarding compensation to petitioner based on the parties’ Proffer. On October 9, 2015, the parties filed a Stipulation of Fact Concerning Attorneys’ Fees and Costs. According to the stipulation, the parties stipulated to an award of 1 Because this unpublished decision contains a reasoned explanation for the action in this case, I intend to post this decision 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), petitioners have 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). Case 1:14-vv-01080-UNJ Document 34 Filed 11/16/15 Page 2 of 2 $9,116.90. In accordance with General Order #9, petitioner’s counsel represents that petitioner incurred no out-of-pocket expenses. The Vaccine Act permits an award of reasonable attorneys’ fees and costs. 42 U.S.C. § 300 aa-15(e). I find the proposed amount to be reasonable. Accordingly, I award the total of $9,116.903 as a lump sum in the form of a check jointly payable to petitioner and petitioner’s counsel, Amber Wilson, Esq. The clerk of the court shall enter judgment in accordance herewith.4 IT IS SO ORDERED. s/Nora Beth Dorsey Nora Beth Dorsey Chief Special Master 3 This amount is intended to cover all legal expenses incurred in this matter. This award encompasses all charges by the attorney against a client, “advanced costs” as well as fees for legal services rendered. Furthermore, 42 U.S.C. § 300aa-15(e)(3) prevents an attorney from charging or collecting fees (including costs) that would be in addition to the amount awarded herein. See generally Beck v. Sec’y, HHS, 924 F.2d 1029 (Fed. Cir.1991). 4 Entry of judgment can be expedited by each party’s filing of a notice renouncing the right to seek review. See Vaccine Rule 11(a).