VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_15-vv-01306
Package ID: USCOURTS-cofc-1_15-vv-01306
Petitioner: Giovanna Villaggio
Filed: 2015-11-02
Decided: 2016-08-16
Vaccine: influenza
Vaccination date: 2012-11-14
Condition: shoulder injury related to receipt of the influenza (“flu”) vaccine
Outcome: compensated
Award amount USD: 35000

AI-assisted case summary:
Giovanna Villaggio filed a petition for compensation under the National Vaccine Injury Compensation Program on November 2, 2015, alleging that she suffered a shoulder injury related to her receipt of an influenza vaccine on November 14, 2012. Ms. Villaggio stated that the vaccine was administered in the United States, that she experienced residual effects from the injury for more than six months, and that she had not previously received an award or settled a civil action for damages related to her condition. The respondent denied that the flu vaccine caused Ms. Villaggio's shoulder injury or any other injury. However, on June 30, 2016, the parties filed a joint stipulation agreeing that compensation should be awarded. Chief Special Master Nora Beth Dorsey reviewed the stipulation and found it reasonable, adopting it as the court's decision. Ms. Villaggio was awarded a lump sum of $35,000.00, payable to her, as compensation for all damages. This decision was issued on August 16, 2016. The public decision does not describe the specific onset of symptoms, medical examinations, treatments, or expert testimony. Petitioner was represented by John R. Howie, Jr. of Howie Law, P.C., and respondent was represented by Douglas Ross of the U.S. Department of Justice.

Theory of causation field:
Petitioner Giovanna Villaggio received an influenza vaccine on November 14, 2012, and alleged a shoulder injury related to vaccine administration (SIRVA). Respondent denied causation. The parties filed a joint stipulation agreeing to compensation. The Special Master adopted the stipulation. Petitioner was awarded $35,000.00 as a lump sum for all damages. The theory of causation is based on the "Table" of the Vaccine Injury Table, as indicated by the raw condition category SIRVA. The public decision does not detail the specific mechanism of injury, expert testimony, or clinical findings. The decision was issued by Chief Special Master Nora Beth Dorsey on August 16, 2016. Petitioner's counsel was John R. Howie, Jr., and respondent's counsel was Douglas Ross.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_15-vv-01306-0
Date issued/filed: 2016-08-16
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 06/30/2016) 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-01306-UNJ Document 31 Filed 08/16/16 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 15-1306V
Filed: June 30, 2016
Unpublished
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
GIOVANNA VILLAGGIO, *
*
Petitioner, * Joint Stipulation on Damages;
v. * Influenza (“Flu”) Vaccine; Shoulder
* Injury; Special Processing Unit
SECRETARY OF HEALTH * (“SPU”)
AND HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
John R. Howie, Jr., Howie Law, P.C., Dallas, TX, for petitioner.
Douglas Ross, U.S. Department of Justice, Washington, DC, for respondent.
DECISION ON JOINT STIPULATION1
Dorsey, Chief Special Master:
On November 2, 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 shoulder injury related to her
receipt of the influenza (“flu”) vaccine on November 14, 2012. Petition at 1; Stipulation,
filed June 30, 2016, at ¶¶ 1, 2, 4. Petitioner further alleges that the vaccine was
administered within the United States; that she has suffered the residual effects of her
injury for more than six months; and that there has not been a prior award or settlement
of a civil action for damages on her behalf as a result of her condition. Pet. at ¶¶ 1, 16,
17; Stip. at ¶¶ 3-5. Respondent denies that the flu vaccine caused petitioner to suffer
from a shoulder injury or any other injury. Stip. at ¶ 6.
Nevertheless, on June 30, 2016, the parties filed the attached joint stipulation,
stating that a decision should be entered awarding compensation. The undersigned
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-01306-UNJ Document 31 Filed 08/16/16 Page 2 of 7
finds the stipulation reasonable and adopts it as the decision of the Court in awarding
damages, on the terms set forth therein.
The parties stipulate that petitioner shall receive the following compensation:
A lump sum of $35,000.00 in the form of a check payable to petitioner. This
amount represents compensation for all damages that would be available under
42 U.S.C. § 300aa-15(a). Stip. at ¶ 8.
The undersigned approves the requested amount for petitioner’s compensation.
In the absence of a motion for review filed pursuant to RCFC Appendix B, 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

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