VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_15-vv-00901
Package ID: USCOURTS-cofc-1_15-vv-00901
Petitioner: Jeanette Stancarone
Filed: 2015-08-19
Decided: 2016-11-02
Vaccine: influenza
Vaccination date: 2014-10-06
Condition: left shoulder injury
Outcome: compensated
Award amount USD: 110000

AI-assisted case summary:
Jeanette Stancarone filed a petition for compensation on August 19, 2015, alleging a left shoulder injury following an influenza vaccination on October 6, 2014. The case was assigned to the Special Processing Unit. On March 4, 2016, the respondent conceded that the alleged injury was consistent with a shoulder injury related to vaccine administration (SIRVA) and that it was caused in fact by the influenza vaccine. The respondent also agreed that no other cause was identified and that petitioner met all legal prerequisites for compensation. A ruling on entitlement was issued on March 7, 2016, finding petitioner entitled to compensation. On September 6, 2016, the respondent filed a proffer on award of compensation, stating that petitioner should be awarded $110,000.00 and that petitioner agreed with this amount. The decision dated November 2, 2016, awarded Jeanette Stancarone a lump sum payment of $110,000.00 for all damages available under the Vaccine Act.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_15-vv-00901-0
Date issued/filed: 2016-09-26
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 03/07/2016) regarding 29 Ruling on Entitlement ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
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Case 1:15-vv-00901-UNJ Document 47 Filed 09/26/16 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 15-901V
Filed: March 7, 2016
Unpublished
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
JEANETTE STANCARONE, *
*
Petitioner, * Ruling on Entitlement; Concession;
* Influenza;
* Shoulder Injury (“SIRVA”);
SECRETARY OF HEALTH * Special Processing Unit (“SPU”)
AND HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Robert Krakow, Law Office of Robert J. Krakow, PC, New York, NY, for petitioner.
Camille Michelle Collett, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
Dorsey, Chief Special Master:
On August 19, 2015, 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 experienced a left shoulder
injury following receipt of her October 6, 2014 influenza vaccination. Petition at 2-3.
The case was assigned to the Special Processing Unit of the Office of Special Masters.
On March 4, 2016, respondent filed her Rule 4(c) report in which she concedes
that petitioner is entitled to compensation in this case. Respondent’s Rule 4(c) Report
at 1. Specifically, respondent “believes that the alleged injury is consistent with a
shoulder injury related to vaccine administration (“SIRVA”) and these conditions were
caused in fact by the influenza vaccine she received on October 6, 2014.” Id. at 5.
Respondent further agrees that no other cause of petitioner’s injury has been identified,
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. 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-00901-UNJ Document 47 Filed 09/26/16 Page 2 of 2
that petitioner has suffered her condition for more than six months, and that petitioner
has satisfied all legal prerequisites for compensation under the Vaccine Act. Id.
In view of respondent’s concession and the evidence before me, the
undersigned finds that petitioner is entitled to compensation.
IT IS SO ORDERED.
s/Nora Beth Dorsey
Nora Beth Dorsey
Chief Special Master

================================================================================
DOCUMENT 2: USCOURTS-cofc-1_15-vv-00901-1
Date issued/filed: 2016-11-02
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 09/06/2016) regarding 43 DECISION Stipulation/Proffer (Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
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Case 1:15-vv-00901-UNJ Document 50 Filed 11/02/16 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 15-901V
Filed: September 6, 2016
UNPUBLISHED
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
JEANETTE STANCARONE, *
*
Petitioner, * Damages Decision Based on Proffer;
v. * Influenza;
* Shoulder Injury; SIRVA;
SECRETARY OF HEALTH * Special Processing Unit (“SPU”)
AND HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Robert Krakow, Law Office of Robert J. Krakow, PC, New York, NY, for petitioner.
Camille Michelle Collett, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
Dorsey, Chief Special Master:
On August 19, 2015, 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”). Petitioner alleges that she suffered a left shoulder injury following
receipt of her October 6, 2014 influenza vaccination. Petition at 2-3. The case was
assigned to the Special Processing Unit of the Office of Special Masters.
On March 7, 2016, a ruling on entitlement was issued, finding petitioner entitled
to compensation for a shoulder injury related to vaccine administration (“SIRVA”). On
September 6, 2016, respondent filed a proffer on award of compensation (“Proffer”)
indicating petitioner should be awarded $110,000.00. Proffer at 1. In the Proffer,
respondent represented that petitioner agrees with the proffered award. Based on the
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-00901-UNJ Document 50 Filed 11/02/16 Page 2 of 4
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 $110,000.00 in the form of a check payable to
petitioner, Jeanette Stancarone. 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-00901-UNJ Document 50 Filed 11/02/16 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
JEANETTE STANCARONE, )
)
)
)
Petitioner, ) No. 15-901V
) Chief Special Master
v. ) Nora Beth Dorsey
) ECF
)
SECRETARY OF HEALTH )
AND HUMAN SERVICES, )
)
Respondent. )
)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On March 4, 4016, respondent filed a status report in which she conceded
entitlement. On March 7, 2016, 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 $110,000.00, 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.1 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 $110,000.00, as representing all
elements of compensation under 42 U.S.C. § 300aa-15(a) to which petitioner is entitled.
1 Should petitioner die prior to the 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 1:15-vv-00901-UNJ Document 50 Filed 11/02/16 Page 4 of 4
Respectfully submitted,
BENJAMIN C. MIZER
Principal Deputy Assistant Attorney General
C. SALVATORE D’ALESSIO
Acting Director
Torts Branch, Civil Division
CATHARINE E. REEVES
Acting Deputy Director
Torts Branch, Civil Division
MICHAEL P. MILMOE
Senior Trial Counsel
Torts Branch, Civil Division
s/Camille M. Collett
CAMILLE M. COLLETT
Trial Counsel
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146
Benjamin Franklin Station
Washington, D.C. 20044-0146
Telephone: (202) 616-4098
Dated: September 6, 2016