VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_15-vv-01265
Package ID: USCOURTS-cofc-1_15-vv-01265
Petitioner: Kathleen Romero
Filed: 2016-01-22
Decided: 2016-08-05
Vaccine: influenza
Vaccination date: 2014-11-02
Condition: rotator cuff tear and other shoulder injuries
Outcome: compensated
Award amount USD: 135000

AI-assisted case summary:
Kathleen Romero filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she developed a rotator cuff tear and other shoulder injuries as a result of receiving a seasonal influenza vaccine on November 2, 2014. The respondent, the Secretary of Health and Human Services, conceded that Ms. Romero's injury was consistent with a shoulder injury related to vaccine administration (SIRVA) and that it was caused by the vaccination. The case proceeded as an off-Table claim, requiring proof of causation-in-fact, which was established by the medical records. A ruling on entitlement was issued on January 22, 2016, finding Ms. Romero entitled to compensation. Subsequently, on June 23, 2016, the respondent filed a proffer recommending an award of $135,000.00, which Ms. Romero agreed to. On August 5, 2016, the Chief Special Master issued a decision awarding Ms. Romero a lump sum payment of $135,000.00, representing compensation for all damages available under the Act.

Theory of causation field:
Off-Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_15-vv-01265-0
Date issued/filed: 2016-05-04
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 01/22/2016) regarding 12 Ruling on Entitlement ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
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Case 1:15-vv-01265-UNJ Document 19 Filed 05/04/16 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 15-1265V
Filed: January 22, 2016
UNPUBLISHED
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
KATHLEEN ROMERO, *
*
Petitioner, * Ruling on Entitlement; Concession;
* Influenza (“Flu”) Vaccine; Shoulder
* Injury Related to Vaccine Administration
SECRETARY OF HEALTH * (“SIRVA”); Rotator Cuff Tear; Special
AND HUMAN SERVICES, * Processing Unit (“SPU”)
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Mark R. Karsner, Karsner & Meehan, P.C., Taunton, MA, for petitioner.
Michael Patrick Milmoe, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
Dorsey, Chief Special Master:
On October 27, 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 alleged that she developed a rotator cuff tear and other
shoulder injuries as a result of receiving a seasonal influenza (“flu”) vaccination on
November 2, 2014. Petition at 1-2. The case was assigned to the Special Processing
Unit of the Office of Special Masters.
On January 21, 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 states that a “preponderance of the evidence
establishes that petitioner’s injury is consistent with a shoulder injury related to vaccine
administration (“SIRVA”), and that petitioner’s injury is not due to factors unrelated to
her November 2, 2014 flu vaccination. Thus, in light of the information contained in
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-01265-UNJ Document 19 Filed 05/04/16 Page 2 of 2
petitioner’s medical records, respondent has concluded that petitioner’s left shoulder
injury is compensable as a “caused-in-fact” injury under the Act. Id. at 2-3.
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
2

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DOCUMENT 2: USCOURTS-cofc-1_15-vv-01265-1
Date issued/filed: 2016-08-05
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 06/23/2016) 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-01265-UNJ Document 29 Filed 08/05/16 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 15-1265V
Filed: June 23, 2016
UNPUBLISHED
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
KATHLEEN ROMERO, *
*
Petitioner, * Damages Decision Based on Proffer;
v. * Influenza (“Flu”) Vaccine; Shoulder
* Injury Related to Vaccine Administration
SECRETARY OF HEALTH * (“SIRVA”); Rotator Cuff Tear; Special
AND HUMAN SERVICES, * Processing Unit (“SPU”)
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Mark R. Karsner, Karsner & Meehan, P.C., Taunton, MA, for petitioner.
Michael Patrick Milmoe, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
Dorsey, Chief Special Master:
On October 27, 2015, Kathleen Romero (“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 developed a rotator
cuff tear and other injuries as a result of receiving a seasonal influenza (“flu”) vaccine on
November 2, 2014. Petition at 1-2. The case was assigned to the Special Processing
Unit of the Office of Special Masters.
On January 22, 2016, a ruling on entitlement was issued finding petitioner
entitled to compensation. On June 23, 2016, respondent filed a proffer on award of
compensation (“Proffer”) stating petitioner should be awarded $135,000.00. Proffer at
1. In the Proffer, respondent represents 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-01265-UNJ Document 29 Filed 08/05/16 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 $135,000.00, in the form of a check payable to
petitioner, Kathleen Romero. 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-01265-UNJ Document 29 Filed 08/05/16 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
____________________________________
)
KATHLEEN ROMERO, )
)
Petitioner, ) No. 15-1265V
) Chief Special Master Dorsey
v. ) ECF
)
SECRETARY OF HEALTH AND )
HUMAN SERVICES, )
)
Respondent. )
)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
I. Compensation for Vaccine Injury-Related Items
On January 22, 2016, the Chief Special Master issued a Ruling on Entitlement
determining that petitioner was entitled to vaccine compensation for her Shoulder Injury Related
to Vaccine Administration (“SIRVA”). Respondent proffers that, based on the evidence of
record, petitioner should be awarded $135,000.00. 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
Respondent recommends that the compensation provided to petitioner should be made
through a lump sum payment as described below, and requests that the Chief Special Master’s
decision and the Court’s judgment award the following:1
1 Should petitioner die prior to entry of judgment, respondent reserves 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-01265-UNJ Document 29 Filed 08/05/16 Page 4 of 4
A. A lump sum payment of $135,000.00 in the form of a check payable to petitioner,
Kathleen Romero. 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.
Respectfully submitted,
BENJAMIN C. MIZER
Principal Deputy Assistant Attorney General
RUPA BHATTACHARYYA
Director
Torts Branch, Civil Division
CATHARINE E. REEVES
Acting Deputy Director
Torts Branch, Civil Division
GLENN A. MACLEOD
Senior Trial Counsel
Torts Branch, Civil Division
/s/ Michael P. Milmoe
MICHAEL P. MILMOE
Senior Trial Counsel
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146
Benjamin Franklin Station
Washington, D.C. 20044-0146
Phone: (202) 616-4125
Dated: June 23, 2016 Fax: (202) 616-4310