VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_15-vv-00801
Package ID: USCOURTS-cofc-1_15-vv-00801
Petitioner: Jennifer Cirillo
Filed: 2015-11-09
Decided: 2016-05-05
Vaccine: influenza
Vaccination date: 2014-10-02
Condition: shoulder injury related to vaccine administration
Outcome: compensated
Award amount USD: 95000

AI-assisted case summary:
Jennifer Cirillo filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she received an influenza vaccine on October 2, 2014, and subsequently suffered a shoulder injury related to vaccine administration (SIRVA). The case was assigned to the Special Processing Unit. Respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report conceding entitlement to compensation. The respondent concluded that the evidence established that the injury to petitioner's right shoulder was caused by the flu vaccine and that the condition had persisted for more than six months. Based on the respondent's concession and the evidence, the Chief Special Master found Jennifer Cirillo entitled to compensation. Subsequently, on February 4, 2016, the respondent filed a proffer on award of compensation, recommending an award of $95,000.00, which petitioner agreed to. The decision awarded Jennifer Cirillo a lump sum payment of $95,000.00, representing compensation for all damages available under the Act.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_15-vv-00801-0
Date issued/filed: 2015-12-28
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 11/09/2015) regarding 17 Ruling on Entitlement (Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
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Case 1:15-vv-00801-UNJ Document 21 Filed 12/28/15 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 15-0801V
Filed: November 9, 2015
Unpublished
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
JENNIFER CIRILLO, *
*
Petitioner, * Ruling on Entitlement; Concession;
* Influenza (“flu”) Vaccine; Shoulder Injury
* Related to Vaccine Administration
SECRETARY OF HEALTH * (“SIRVA”); Special Processing Unit
AND HUMAN SERVICES, * (“SPU”)
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Diana Sedar, Maglio Christopher and Toale, PA, Sarasota, FL, for petitioner.
Lynn Ricciardella, U.S. Department of Justice, Washington, DC, for respondent.
1
RULING ON ENTITLEMENT
Dorsey, Chief Special Master:
On July 28, 2015, Jennifer Cirillo (“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 alleges that she received a trivalent
influenza (“flu”) vaccine on October 2, 2014, and thereafter suffered a shoulder injury
related to vaccine administration (“SIRVA”). Petition at 2. The case was assigned to
the Special Processing Unit (“SPU”) of the Office of Special Masters.
On November 6, 2015, respondent filed a Rule 4(c) report in which she conceded
entitlement to compensation. Respondent’s Rule 4(c) Report at 1, 4. Specifically,
respondent concluded that the preponderance of evidence establishes that the injury to
petitioner’s right shoulder was caused by the administration of the October 2, 2014, flu
vaccine, and that petitioner’s injury is not due to factors unrelated to the administration
of that vaccine. Id. at 4. Additionally, respondent stated that the medical evidence
1 Because this unpublished ruling contains a reasoned explanation for the action in this case, the
undersigned intends 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, the undersigned agrees that the identified material fits
within this definition, the undersigned 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 1:15-vv-00801-UNJ Document 21 Filed 12/28/15 Page 2 of 2
reflects that petitioner has suffered the condition for more than six months. Id. In light
of the foregoing, respondent has concluded that petitioner’s right shoulder injury is
compensable under the Act. Id.
In view of respondent’s concession and the evidence of record, the
undersigned finds that petitioner is entitled to compensation.
IT IS SO ORDERED.
s/Nora Beth Dorsey
Nora Beth Dorsey
Chief Special Master

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DOCUMENT 2: USCOURTS-cofc-1_15-vv-00801-1
Date issued/filed: 2016-05-05
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 02/05/2016) regarding 25 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
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Case 1:15-vv-00801-UNJ Document 29 Filed 05/05/16 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 15-0801V
Filed: February 5, 2016
Unpublished
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
JENNIFER CIRILLO, *
*
Petitioner, * Damages Decision Based on Proffer;
* Influenza (“flu”) Vaccine; Shoulder Injury
* Related to Vaccine Administration;
SECRETARY OF HEALTH * (“SIRVA”) Special Processing Unit
AND HUMAN SERVICES, * (“SPU”)
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Diana Sedar, Maglio Christopher and Toale, PA, Sarasota, FL, for petitioner.
Gordon Shemin, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
Dorsey, Chief Special Master:
On July 28, 2015, Jennifer Cirillo (“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 she received a trivalent
influenza (“flu”) vaccine on October 2, 2014, and thereafter suffered a shoulder injury
related to vaccine administration (“SIRVA”). The case was assigned to the Special
Processing Unit (“SPU”) of the Office of Special Masters.
On November 9, 2015, the undersigned issued a ruling on entitlement finding
petitioner entitled to compensation for SIRVA. On February 4, 2016, respondent filed a
proffer on award of compensation (“Proffer”) indicating petitioner should be awarded
$95,000.00. Proffer at 1. In the Proffer, respondent represented that petitioner agrees
with the proffered award.
1 Because this unpublished decision contains a reasoned explanation for the action in this case, the
undersigned intends to 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 note (2012)(Federal Management and Promotion of
Electronic Government Services). 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, the undersigned agrees that the identified material fits
within this definition, the undersigned 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 1:15-vv-00801-UNJ Document 29 Filed 05/05/16 Page 2 of 4
Based on the record as a whole, the undersigned finds that petitioner is entitled
to an award as stated in the Proffer.
Pursuant to the terms stated in the attached Proffer, the undersigned awards
petitioner a lump sum payment of $95,000.00 in the form of a check payable to
petitioner, Jennifer Cirillo. 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
IT IS SO ORDERED.
s/Nora Beth Dorsey
Nora Beth Dorsey
Chief Special Master
3 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by the parties’ joint filing of notice
renouncing the right to seek review.
2

Case 1:15-vv-00801-UNJ Document 29 Filed 05/05/16 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
____________________________________
)
JENNIFER CIRILLO, )
)
Petitioner, ) No. 15-801V
) Chief Special Master Dorsey
v. ) ECF
)
SECRETARY OF HEALTH AND )
HUMAN SERVICES, )
)
Respondent. )
)
PROFFER ON AWARD OF COMPENSATION
I. Items of Compensation
Based upon the evidence of record, respondent proffers that petitioner should be awarded
$95,000.00, which 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
Respondent recommends that the compensation provided to petitioner should be made
through a lump sum payment of $95,000.00 in the form of a check payable to petitioner.1
Petitioner agrees.
Petitioner is a competent adult. Evidence of guardianship is not required in this case.
Respectfully submitted,
BENJAMIN C. MIZER
Principal Deputy Assistant Attorney General
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 pain and suffering, and future lost wages.

Case 1:15-vv-00801-UNJ Document 29 Filed 05/05/16 Page 4 of 4
RUPA BHATTACHARYYA
Director
Torts Branch, Civil Division
VINCENT J. MATANOSKI
Deputy Director
Torts Branch, Civil Division
LINDA S. RENZI
Senior Trial Counsel
Torts Branch, Civil Division
/s/ Gordon Shemin
GORDON SHEMIN
Trial Attorney
Torts Branch, Civil Division
U. S. Department of Justice
P.O. Box l46
Benjamin Franklin Station
Washington, D.C. 20044-0146
(202) 616-4208
Dated: February 4, 2016