VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_16-vv-00606
Package ID: USCOURTS-cofc-1_16-vv-00606
Petitioner: Michele Dominianni
Filed: 2016-09-16
Decided: 2017-10-27
Vaccine: influenza
Vaccination date: 2014-09-18
Condition: left shoulder injury
Outcome: compensated
Award amount USD: 250000

AI-assisted case summary:
Michele Dominianni filed a petition on May 23, 2016, alleging that she suffered a left shoulder injury caused by an influenza vaccination she received on September 18, 2014. The case was assigned to the Special Processing Unit. On September 16, 2016, the respondent filed a Rule 4(c) report conceding that the petitioner's injury was consistent with a shoulder injury related to vaccine administration (SIRVA) and was caused by the influenza vaccine. The respondent also agreed that no other cause for the injury was identified, that the petitioner suffered sequelae for more than six months, and that all legal prerequisites for compensation under the Vaccine Act were met. Based on the respondent's concession and the evidence, Chief Special Master Nora Beth Dorsey issued a ruling on entitlement on September 16, 2016, finding Ms. Dominianni entitled to compensation. Subsequently, on March 27, 2017, the respondent filed a proffer recommending an award of $250,000.00, representing all elements of compensation available under 42 U.S.C. § 300aa-15(a). The petitioner agreed to this award. Chief Special Master Dorsey issued a decision on October 27, 2017, awarding Ms. Dominianni a lump sum payment of $250,000.00, payable by check to her, for all damages. Ronald Craig Homer represented the petitioner, and Alice Legat Tayman and Darryl Wishard represented the respondent. The decision was unpublished.

Theory of causation field:
Petitioner Michele Dominianni alleged a left shoulder injury caused-in-fact by her September 18, 2014, influenza vaccination. The respondent conceded that the injury was consistent with a shoulder injury related to vaccine administration (SIRVA) and was caused by the flu vaccine. The respondent further agreed that no other cause was identified and that the petitioner suffered sequelae for more than six months. The public decision does not describe the specific onset, symptoms, medical tests, treatments, or expert witnesses. Chief Special Master Nora Beth Dorsey issued a ruling on entitlement on September 16, 2016, finding petitioner entitled to compensation. On March 27, 2017, respondent filed a proffer recommending an award of $250,000.00, which petitioner accepted. Chief Special Master Dorsey awarded a lump sum of $250,000.00 on October 27, 2017. Petitioner was represented by Ronald Craig Homer, and respondent was represented by Alice Legat Tayman and Darryl Wishard.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_16-vv-00606-0
Date issued/filed: 2016-12-01
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 09/16/2016) regarding 17 Ruling on Entitlement ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
--------------------------------------------------------------------------------
Case 1:16-vv-00606-UNJ Document 25 Filed 12/01/16 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 16-606V
Filed: September 16, 2016
UNPUBLISHED
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
MICHELE DOMINIANNI, *
*
Petitioner, * Ruling on Entitlement; Concession;
v. * Influenza;
* Shoulder Injury; SIRVA;
SECRETARY OF HEALTH * Special Processing Unit (“SPU”)
AND HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Ronald Craig Homer, Conway, Homer & Chin-Caplan, P.C., Boston, MA, for petitioner.
Alice Legat Tayman, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
Dorsey, Chief Special Master:
On May 23, 2016, 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 caused-in-fact by her
September 18, 2014 influenza vaccination. Petition at 1. The case was assigned to the
Special Processing Unit of the Office of Special Masters.
On September 16, 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 “concluded that petitioner’s alleged injury is
consistent with a shoulder injury related to vaccine administration (“SIRVA”) and that it
was caused-in-fact by the flu vaccine she received on September 18, 2014.” Id. at 4.
Respondent further agrees that no other cause for petitioner’s injury was identified, that
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 1:16-vv-00606-UNJ Document 25 Filed 12/01/16 Page 2 of 2
petitioner suffered sequela of her injury for more than six months, and that petitioner
has satisfied all legal prerequisites to 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
2

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DOCUMENT 2: USCOURTS-cofc-1_16-vv-00606-1
Date issued/filed: 2017-10-27
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 03/27/2017) regarding 37 DECISION Stipulation/Proffer (Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
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Case 1:16-vv-00606-UNJ Document 47 Filed 10/27/17 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 16-606V
Filed: March 27, 2017
UNPUBLISHED
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
MICHELE DOMINIANNI, *
*
Petitioner, * Damages Decision Based on Proffer;
v. * Influenza;
* Shoulder Injury; SIRVA;
SECRETARY OF HEALTH * Special Processing Unit (“SPU”)
AND HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Ronald Craig Homer, Conway, Homer & Chin-Caplan, P.C., Boston, MA, for petitioner.
Darryl Wishard, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
Dorsey, Chief Special Master:
On May 23, 2016, 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 caused-in-fact by her
September 18, 2014 influenza vaccination. Petition at 1. The case was assigned to the
Special Processing Unit of the Office of Special Masters.
On September 16, 2016, a ruling on entitlement was issued, finding petitioner
entitled to compensation for a shoulder injury related to vaccine administration
(“SIRVA”). On March 27, 2017, respondent filed a proffer on award of compensation
(“Proffer”) indicating petitioner should be awarded $250,000.00. Proffer at 1. In the
Proffer, respondent represented that petitioner agrees with the proffered award. Based
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 1:16-vv-00606-UNJ Document 47 Filed 10/27/17 Page 2 of 4
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 $250,000.00 in the form of a check payable to
petitioner, Michele Dominianni. 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 1:16-vv-00606-UNJ Document 47 Filed 10/27/17 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
___________________________________
)
MICHELE DOMINIANNI, )
)
Petitioner, ) No. 16-606V ECF
)
v. ) Chief Special Master Dorsey
)
SECRETARY OF HEALTH )
AND HUMAN SERVICES, )
)
Respondent. )
___________________________________ )
PROFFER ON AWARD OF COMPENSATION1
I. Procedural History
On May 23, 2016, Michele Dominianni (“petitioner”) filed a petition for compensation
(“Petition”) under the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-1 to -
34, as amended. She alleges that, as a result of receiving the influenza (“flu”) vaccine on
September 18, 2014, she suffered a left shoulder injury. Petition at 1.
On September 16, 2016, respondent filed his Vaccine Rule 4(c) report, conceding
causation-in-fact for petitioner’s shoulder injury related to vaccine administration (“SIRVA”).
On that same day, the Chief Special Master issued a ruling on entitlement, finding that petitioner
was entitled to compensation for SIRVA.
II. Items of Compensation
Based upon the evidence of record, respondent proffers that petitioner should be awarded
$250,000.00, which represents all elements of compensation to which petitioner would be
1 This Proffer does not include attorneys’ fees and costs, which the parties intend to
discuss after the Damages Decision is issued.

Case 1:16-vv-00606-UNJ Document 47 Filed 10/27/17 Page 4 of 4
entitled under 42 U.S.C. § 300aa-15(a). Petitioner agrees.
III. Form of the Award
Respondent recommends that the compensation provided to petitioner should be made
through a lump sum payment of $250,000.00, in the form of a check payable to petitioner.2
Petitioner agrees.
Respectfully submitted,
CHAD A. READLER
Acting Assistant Attorney General
C. SALVATORE D’ALESSIO
Acting Director
Torts Branch, Civil Division
CATHARINE E. REEVES
Deputy Director
Torts Branch, Civil Division
ALTHEA WALKER DAVIS
Senior Trial Counsel
Torts Branch, Civil Division
/s/Darryl R. Wishard
DARRYL R. WISHARD
Senior Trial Attorney
Torts Branch, Civil Division
U. S. Department of Justice
P.O. Box l46, Benjamin Franklin Station
Washington, D.C. 20044-0146
Direct dial: (202) 616-4357
Dated: March 27, 2017 Fax: (202) 616-4310
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.
2