VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_15-vv-00961
Package ID: USCOURTS-cofc-1_15-vv-00961
Petitioner: Jennifer Ricci
Filed: 2015-09-02
Decided: 2016-05-31
Vaccine: influenza
Vaccination date: 2014-10-14
Condition: left shoulder injury
Outcome: compensated
Award amount USD: 91680

AI-assisted case summary:
Jennifer Ricci filed a petition on September 2, 2015, seeking compensation under the National Vaccine Injury Compensation Program. She alleged that an influenza vaccination received on October 14, 2014, caused a left shoulder injury. The case was assigned to the Special Processing Unit. The respondent, the Secretary of Health and Human Services, filed a report conceding causation-in-fact for the petitioner's shoulder injury related to vaccine administration, also known as SIRVA. Following this concession, the parties submitted a proffer on the award of compensation. The respondent proposed an award of $91,680.17, representing all elements of compensation available under the Vaccine Act, and the petitioner agreed with this amount. Chief Special Master Nora Beth Dorsey issued a decision on May 31, 2016, awarding Jennifer Ricci a lump sum payment of $91,680.17. The decision noted that attorneys' fees and costs were to be discussed separately. The public decision does not describe the specific onset of symptoms, medical tests performed, or treatments received. Maximillian Muller of Muller Brazil, LLP, represented the petitioner, and Robert Coleman of the U.S. Department of Justice represented the respondent.

Theory of causation field:
Petitioner Jennifer Ricci alleged a left shoulder injury caused in fact by an influenza vaccine administered on October 14, 2014. The respondent conceded causation-in-fact for Shoulder Injury Related to Vaccine Administration (SIRVA). The parties agreed to an award of $91,680.17, representing all elements of compensation under 42 U.S.C. § 300aa-15(a). This was presented in a Proffer on Award of Compensation filed April 12, 2016, and adopted by Chief Special Master Nora Beth Dorsey in a decision dated May 31, 2016. Petitioner was represented by Maximillian Muller, and respondent by Robert P. Coleman III. The specific mechanism of injury, medical experts, and detailed clinical findings were not described in the public decision, which was based on a concession and proffer.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_15-vv-00961-0
Date issued/filed: 2016-05-31
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 4/28/2016) regarding 23 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
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Case 1:15-vv-00961-UNJ Document 31 Filed 05/31/16 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 15-961V
Filed: April 28, 2016
UNPUBLISHED
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
JENNIFER RICCI, *
*
Petitioner, * Damages Decision Based on Proffer;
* Influenza Vaccine (“Flu Vaccine”);
v.
* Shoulder Injury Related to Vaccine
SECRETARY OF HEALTH * Administration (“SIRVA”);
AND HUMAN SERVICES, * Special Processing Unit (“SPU”)
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Maximillian Muller, Muller Brazil, LLP, Dresher, PA, for petitioner.
Robert Coleman, U.S. Department of Justice, Washington, DC for respondent.
DECISION AWARDING DAMAGES1
Dorsey, Chief Special Master:
On September 2, 2015, Jennifer Ricci (“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
suffered a shoulder injury caused in fact by the influenza vaccination she received on
October 14, 2014. Petition at 1, ¶¶ 2, 4, 12. The case was assigned to the Special
Processing Unit of the Office of Special Masters.
On March 16, 2016, the undersigned issued a ruling on entitlement, finding
petitioner entitled to compensation. On April 12, 2016, respondent filed a proffer on
award of compensation (“Proffer”) indicating petitioner should be awarded $91,680.17.
Proffer at 1. In the Proffer, respondent represented that petitioner agrees with 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-00961-UNJ Document 31 Filed 05/31/16 Page 2 of 4
proffered award. Id. 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 $91,680.17 in the form of a check payable to
petitioner, Jennifer Ricci. 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/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

CCaassee 11::1155--vvvv--0000996611--UUNNJJ DDooccuummeenntt 2301 FFiilleedd 0045//1321//1166 PPaaggee 13 ooff 24
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
___________________________________
)
JENNIFER RICCI, )
)
Petitioner, )
) No. 15-961V (ECF)
v. ) Chief Special Master Dorsey
)
SECRETARY OF HEALTH )
AND HUMAN SERVICES, )
)
Respondent. )
____________________________________)
PROFFER ON AWARD OF COMPENSATION1
I. Procedural History
On September 2, 2015, Jennifer Ricci (“petitioner”) filed a Petition for
compensation under the National Childhood Vaccine Injury Act of 1986, as amended, 42 U.S.C.
§§ 300aa-1 to -34 (“Vaccine Act”). Petitioner alleges that she suffered from a left shoulder
injury as a result of receiving an influenza vaccine on October 14, 2014. Petition at 1-2.
Petitioner alleges a theory based on causation-in-fact.
On March 14, 2016, respondent filed her Vaccine Rule 4(c) report, conceding causation-
in-fact for petitioner’s shoulder injury related to vaccine administration (“SIRVA”).
II. Items of Compensation
Based upon the evidence of record, respondent proffers that petitioner should be awarded
$91,680.17, which represents all elements of compensation to which petitioner would be entitled
under 42 U.S.C. § 300aa-15(a). Petitioner agrees.
1 This Proffer does not include attorneys’ fees and costs, which the parties intend to discuss after the Damages
Decision is issued.

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III. Form of the Award
Respondent recommends that the compensation provided to petitioner should be made
through a lump sum payment of $91,680.17, in the form of a check payable to petitioner.2
Petitioner agrees.
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
LINDA S. RENZI
Senior Trial Counsel
Torts Branch, Civil Division
s/ Robert P. Coleman III
ROBERT P. COLEMAN III
Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146
Benjamin Franklin Station
Washington, D.C. 20044-0146
Tel: (202) 305-0274
Email: Robert.P.Coleman@usdoj.gov
DATED: April 12, 2016
2 Should petitioner die prior to entry of judgment, respondent would oppose any award for future medical expenses,
future lost earnings, and future pain and suffering, and the parties reserve the right to move the Court for appropriate
relief.