VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_16-vv-01153
Package ID: USCOURTS-cofc-1_16-vv-01153
Petitioner: Virginia Lovitto
Filed: 2016-12-19
Decided: 2018-02-01
Vaccine: influenza
Vaccination date: 2014-09-23
Condition: left shoulder injury
Outcome: compensated
Award amount USD: 147500

AI-assisted case summary:
Virginia Lovitto filed a petition on December 19, 2016, alleging that she suffered a left shoulder injury caused by her influenza vaccination on September 23, 2014. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report conceding that Ms. Lovitto's injury was consistent with Shoulder Injury Related to Vaccine Administration (SIRVA), that the injury was caused-in-fact by the influenza vaccination, and that no other causes were identified. The respondent also agreed that the statutory six-month sequela requirement was satisfied and that Ms. Lovitto met all legal prerequisites for compensation under the National Vaccine Injury Compensation Program. On December 19, 2016, Chief Special Master Nora Beth Dorsey issued a ruling on entitlement, finding Ms. Lovitto entitled to compensation. Subsequently, on August 9, 2017, the respondent filed a proffer agreeing to an award of $147,500.00. This proffer stated that Ms. Lovitto agreed with the proffered award, which represented compensation for all elements of damages available under 42 U.S.C. § 300aa-15(a). The decision dated February 1, 2018, awarded Ms. Lovitto a lump sum of $147,500.00, payable by check to petitioner, for all elements of compensation. Petitioner was represented by Amber Wilson of Maglio Christopher & Toale, PA, and respondent was represented by Camille Collett of the U.S. Department of Justice. The public decision does not describe the specific onset of symptoms, medical examinations, diagnostic tests, or treatments. Attorneys' fees and litigation costs were to be determined at a later date upon submission of substantiating documentation.

Theory of causation field:
Petitioner Virginia Lovitto alleged a left shoulder injury after an influenza vaccination on September 23, 2014. The respondent conceded that the injury was consistent with Shoulder Injury Related to Vaccine Administration (SIRVA), was caused-in-fact by the vaccination, and that no other causes were identified. The respondent also conceded that the statutory six-month sequela requirement and all other legal prerequisites for compensation were met. The case was decided based on the respondent's concession of entitlement. Chief Special Master Nora Beth Dorsey issued a ruling on entitlement on December 19, 2016. Subsequently, a proffer on award of compensation was filed on August 9, 2017, agreeing to a lump sum payment of $147,500.00 for all elements of compensation under 42 U.S.C. § 300aa-15(a). The final decision awarding damages was issued on February 1, 2018. The public text does not name specific medical experts or detail the mechanism of injury beyond the general category of SIRVA. Petitioner was represented by Amber Wilson (Maglio Christopher & Toale, PA) and respondent by Camille Collett (U.S. Department of Justice).

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_16-vv-01153-0
Date issued/filed: 2017-04-25
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 12/19/2016) regarding 13 Ruling on Entitlement ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties. Modified on 6/19/2017 to correct docket text (kh).
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Case 1:16-vv-01153-UNJ Document 21 Filed 04/25/17 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 16-1153V
Filed: December 19, 2016
UNPUBLISHED
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
VIRGINIA LOVITTO, *
*
Petitioner, * Ruling on Entitlement; Concession;
v. * Influenza;
* Shoulder Injury; SIRVA;
SECRETARY OF HEALTH * Special Processing Unit (“SPU”)
AND HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Amber Wilson, Maglio Christopher & Toale, PA, Washington, DC, for petitioner.
Camille Collett, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
Dorsey, Chief Special Master:
On September 16, 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 by her
September 23, 2014 influenza vaccination. Petition at 1. The case was assigned to the
Special Processing Unit of the Office of Special Masters.
On December 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 “has concluded that petitioner’s alleged injury
is consistent with SIRVA [shoulder injury related to vaccine administration]; that a
preponderance of evidence establishes that her SIRVA was caused-in-fact by the flu
vaccination she received on September 23, 2014; and that no other causes for
petitioner’s SIRVA were identified.” Id. at 3. Respondent further agrees that the
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-01153-UNJ Document 21 Filed 04/25/17 Page 2 of 2
statutory six month sequela requirement has been satisfied 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-01153-1
Date issued/filed: 2018-02-01
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 8/10/2017) regarding 31 DECISION Stipulation/Proffer. Signed by Chief Special Master Nora Beth Dorsey. (rp) Service on parties made.
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Case 1:16-vv-01153-UNJ Document 39 Filed 02/01/18 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 16-1153V
Filed: August 10, 2017
UNPUBLISHED
VIRGINIA LOVITTO,
Special Processing Unit (SPU);
Damages Decision Based on Proffer;
Petitioner,
Influenza (Flu) Vaccine; Shoulder
v.
Injury Related to Vaccine
Administration (SIRVA)
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Amber Diane Wilson, Maglio Christopher & Toale, PA, Washington, DC, for petitioner.
Camille Michelle Collett, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
Dorsey, Chief Special Master:
On September 16, 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 by her
September 23, 2014 influenza vaccination. Petition at 1. The case was assigned to the
Special Processing Unit of the Office of Special Masters.
On December 19, 2016, a ruling on entitlement was issued, finding petitioner
entitled to compensation for a shoulder injury related to vaccine administration
(“SIRVA”). On August 9, 2017, respondent filed a proffer on award of compensation
(“Proffer”) indicating petitioner should be awarded $147,500.00. 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-01153-UNJ Document 39 Filed 02/01/18 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 $147,500.00 in the form of a check payable to
petitioner, Virginia Lovitto. 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-01153-UNJ Document 39 Filed 02/01/18 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
VIRGINIA LOVITTO,
Petitioner,
v. No. 16-1153V
Chief Special Master Nora Beth Dorsey
SECRETARY OF HEALTH AND ECF
HUMAN SERVICES,
Respondent.
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On December 16, 2016, respondent filed a Rule 4(c) Report in which she conceded
entitlement. Respondent now proffers that petitioner receive an award of a lump sum of
$147,500.00 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 $147,500.00 as representing all elements of
compensation under 42 U.S.C. § 300aa-15(a) to which petitioner is entitled.
Respectfully submitted,
CHAD A. READLER
Acting Assistant Attorney General
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.
1

Case 1:16-vv-01153-UNJ Document 39 Filed 02/01/18 Page 4 of 4
C. SALVATORE D’ALESSIO
Acting Director
Torts Branch, Civil Division
CATHARINE E. REEVES
Deputy Director
Torts Branch, Civil Division
HEATHER L. PEARLMAN
Assistant Director
Torts Branch, Civil Division
s/Camille M. Collett
CAMILLE M. COLLETT
Trial Attorney
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: August 9, 2017
2