VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_16-vv-01448
Package ID: USCOURTS-cofc-1_16-vv-01448
Petitioner: Kathleen Scarpato
Filed: 2016-11-02
Decided: 2018-02-23
Vaccine: influenza
Vaccination date: 2014-11-03
Condition: right shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 127500

AI-assisted case summary:
Kathleen Scarpato filed a petition for compensation on November 2, 2016, alleging she suffered a right shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on November 3, 2014. The respondent filed a Rule 4(c) report conceding entitlement, agreeing that the petitioner's injury was consistent with SIRVA and causally related to the flu vaccine. The respondent also agreed that no other causes for the injury were identified and that the injury persisted for more than six months after vaccination. A ruling on entitlement was issued on March 22, 2017, finding the petitioner entitled to compensation. Subsequently, on October 24, 2017, the respondent filed a proffer on award of compensation, proposing $127,500.00, which the petitioner agreed to. Chief Special Master Nora Beth Dorsey issued a decision on February 23, 2018, awarding Kathleen Scarpato a lump sum payment of $127,500.00 as compensation for all damages. The public decision does not describe the specific onset, symptoms, medical tests, treatments, or the mechanism of injury. Petitioner was represented by William E. Cochran, Jr. of Black McLaren, et al., PC, and later Black McLaren Jones Ryland & Griffee, P.C. Respondent was represented by Glenn A. MacLeod of the U.S. Department of Justice.

Theory of causation field:
Petitioner Kathleen Scarpato alleged a right shoulder injury related to vaccine administration (SIRVA) following an influenza vaccine on November 3, 2014. The respondent conceded entitlement, agreeing that the injury was consistent with SIRVA, causally related to the flu vaccine, and that no other causes were identified, with the injury persisting for more than six months. The public text does not detail the specific mechanism of injury, medical experts, or diagnostic findings. The case proceeded to a damages decision based on a stipulation. Chief Special Master Nora Beth Dorsey issued a ruling on entitlement on March 22, 2017, and a decision awarding $127,500.00 on February 23, 2018. Petitioner was represented by William E. Cochran, Jr. and respondent by Glenn A. MacLeod. The award was a lump sum of $127,500.00 for all damages.

Public staged source text:

================================================================================
DOCUMENT 1: USCOURTS-cofc-1_16-vv-01448-0
Date issued/filed: 2017-10-20
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 03/22/2017) regarding 16 Ruling on Entitlement ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
--------------------------------------------------------------------------------
Case 1:16-vv-01448-UNJ Document 36 Filed 10/20/17 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 16-1448V
Filed: March 22, 2017
UNPUBLISHED
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
KATHLEEN SCARPATO, *
*
Petitioner, * Ruling on Entitlement; Concession;
v. * Influenza (“Flu”) Vaccine; Shoulder
* Injury Related to Vaccine Administration
SECRETARY OF HEALTH * (“SIRVA”); Special Processing Unit
AND HUMAN SERVICES, * (“SPU”)
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
William E. Cochran, Jr., Black McLaren, et al., PC, Memphis, TN, for petitioner.
Glenn A. MacLeod, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
Dorsey, Chief Special Master:
On November 2, 2016, Kathleen Scarpato (“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 right
shoulder injury as a result of receiving an influenza (“flu”) vaccine on November 3, 2014.
Petition at 1-2. The case was assigned to the Special Processing Unit of the Office of
Special Masters.
On March 22, 2017, respondent filed his Rule 4(c) report in which he concedes
that petitioner is entitled to compensation in this case. Respondent’s Rule 4(c) Report
at 1. Specifically, respondent concludes that petitioner’s alleged right shoulder 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 November 3, 2014 Id. at 4.
Respondent further agrees that no other causes for petitioner’s right shoulder injury
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-01448-UNJ Document 36 Filed 10/20/17 Page 2 of 2
were identified and that petitioner’s injury persisted for more than six months after
administration of the vaccine. 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

================================================================================
DOCUMENT 2: USCOURTS-cofc-1_16-vv-01448-1
Date issued/filed: 2018-02-23
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 10/24/2017) regarding 38 DECISION Stipulation/Proffer. Signed by Chief Special Master Nora Beth Dorsey. (rp) Service on parties made.
--------------------------------------------------------------------------------
Case 1:16-vv-01448-UNJ Document 43 Filed 02/23/18 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 16-1448V
Filed: October 24, 2017
UNPUBLISHED
KATHLEEN SCARPATO,
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.
William E. Cochran, Jr., Black McLaren Jones Ryland & Griffee, P.C., Memphis, TN , for
petitioner.
Glenn Alexander MacLeod, U.S. Department of Justice, Washington, DC, for
respondent.
DECISION AWARDING DAMAGES1
Dorsey, Chief Special Master:
On November 2, 2016, Kathleen Scarpato (“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 right
shoulder injury related to vaccine administration (“SIRVA”) as a result of an influenza
(“flu”) vaccine she received on November 3, 2014. Petition at 1-2. The case was
assigned to the Special Processing Unit of the Office of Special Masters.
On March 22, 2017, a ruling on entitlement was issued, finding petitioner entitled
to compensation for SIRVA. On October 24, 2017, respondent filed a proffer on award
of compensation (“Proffer”) indicating petitioner should be awarded $127,500.00.
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-01448-UNJ Document 43 Filed 02/23/18 Page 2 of 4
Proffer at 1. In the Proffer, respondent represented that petitioner agrees with the
proffered award. 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 $127,500.00, in the form of a check payable to
petitioner, Kathleen Scarpato. 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-01448-UNJ Document 43 Filed 02/23/18 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
* * * * * * * * * * * * * * * * * * * * * * * * *
*
KATHLEEN SCARPATO, *
*
Petitioner, *
*
v. * No. 16-1448V (ECF)
* CHIEF SPECIAL MASTER
* NORA BETH DORSEY
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
* * * * * * * * * * * * * * * * * * * * * * * * *
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On March 22, 2017, the Chief Special Master found that a preponderance of the medical
evidence indicates that petitioner suffered a right shoulder injury related to vaccine
administration (“SIRVA”), which was causally related to the influenza (“flu”) vaccination she
received on November 3, 2014. The parties now address the amount of compensation to be
awarded in this case.
I. Items of Compensation
Based upon the evidence of record, respondent proffers that petitioner should be awarded
$127,500.00, which represents all elements of compensation to which petitioner would be
entitled under 42 U.S.C. § 300aa-15(a).1 Petitioner agrees.
1 Should petitioner die prior to 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 and future pain and suffering.

Case 1:16-vv-01448-UNJ Document 43 Filed 02/23/18 Page 4 of 4
II. Form of the Award
Petitioner is a competent adult. Accordingly, the parties recommend that the
compensation provided to petitioner should be made through a lump sum payment of
$127,500.00 in the form of a check payable to petitioner. 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
HEATHER L. PEARLMAN
Assistant Director
Torts Branch, Civil Division
s/ GLENN A. MACLEOD
GLENN A. MACLEOD
Senior Trial Counsel
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146, Benjamin Franklin Station
Washington, D.C. 20044-0146
Tel.: (202) 616-4122
DATE: October 24, 2017
2