VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_16-vv-01525
Package ID: USCOURTS-cofc-1_16-vv-01525
Petitioner: Ariadna Nacianceno
Filed: 2016-11-16
Decided: 2017-12-11
Vaccine: influenza
Vaccination date: 2015-10-10
Condition: shoulder injury related to vaccine administration
Outcome: compensated
Award amount USD: 81826

AI-assisted case summary:
Ariadna Nacianceno filed a petition for compensation under the National Vaccine Injury Compensation Program on November 16, 2016, alleging she suffered an injury to her left shoulder as a result of an influenza vaccine administered on October 10, 2015. The case was assigned to the Special Processing Unit. On April 11, 2017, the respondent filed a combined Rule 4(c) Report and Proffer on Damages, conceding that petitioner's alleged injury was consistent with a shoulder injury related to vaccine administration (SIRVA) and that she met all legal prerequisites for compensation. Based on the respondent's concession and the evidence, Chief Special Master Nora Beth Dorsey issued a ruling on entitlement, finding petitioner entitled to compensation. Subsequently, on April 11, 2017, the respondent indicated in the Proffer that petitioner should be awarded $81,826.50, and represented that petitioner agreed with this proffered award. On December 11, 2017, Chief Special Master Dorsey issued a decision awarding damages, granting Ariadna Nacianceno a lump sum payment of $81,826.50, payable to her. This amount represents compensation for all damages available under the Vaccine Act. The decision was unpublished. Petitioner was represented by C. Clark Hodgson, III of Muller Brazil, LLP, and respondent was represented by Ilene Claire Albala of the U.S. Department of Justice.

Theory of causation field:
Petitioner Ariadna Nacianceno alleged a shoulder injury related to vaccine administration (SIRVA) following an influenza vaccine on October 10, 2015. The respondent conceded that the injury was consistent with SIRVA and that petitioner met all legal prerequisites for compensation. The case proceeded under the "Table" theory for SIRVA. No specific medical experts were named in the provided text. The Special Processing Unit handled the case. Chief Special Master Nora Beth Dorsey issued a ruling on entitlement finding petitioner entitled to compensation. A subsequent decision on April 11, 2017, based on a Proffer on Damages, awarded petitioner a lump sum of $81,826.50. This award was finalized on December 11, 2017. Petitioner was represented by C. Clark Hodgson, III, and respondent by Ilene Claire Albala.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_16-vv-01525-0
Date issued/filed: 2017-12-08
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 04/11/2017) regarding 17 Ruling on Entitlement ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
--------------------------------------------------------------------------------
Case 1:16-vv-01525-UNJ Document 29 Filed 12/08/17 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 16-1525V
Filed: April 11, 2017
UNPUBLISHED
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
ARIADNA NACIANCENO, *
*
Petitioner, * Ruling on Entitlement; Concession;
v. * Influenza;
* Shoulder Injury; SIRVA;
SECRETARY OF HEALTH * Special Processing Unit (“SPU”)
AND HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
C. Clark Hodgson, III, Muller Brazil, LLP, Dresher, PA, for petitioner.
Ilene Claire Albala, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
Dorsey, Chief Special Master:
On November 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 an injury to her left shoulder as a
result of an influenza vaccine administered on October 10, 2015. Petition at 1. The
case was assigned to the Special Processing Unit of the Office of Special Masters.
On April 11, 2017, respondent filed his combined Rule 4(c) Report and Proffer on
Damages in which he concedes that petitioner is entitled to compensation in this case.
Respondent’s Rule 4(c) Report at 1. Specifically, respondent “believes that petitioner’s
alleged injury is consistent with a shoulder injury related to vaccine administration
(“SIRVA”).” Id. at 3. Respondent further agrees that petitioner suffered her condition for
more than six months and has satisfied all legal prerequisites for compensation under
the Vaccine Act. Id.
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-01525-UNJ Document 29 Filed 12/08/17 Page 2 of 2
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-01525-1
Date issued/filed: 2017-12-11
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 04/11/2017) regarding 18 DECISION Stipulation/Proffer (Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
--------------------------------------------------------------------------------
Case 1:16-vv-01525-UNJ Document 30 Filed 12/11/17 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 16-1525V
Filed: April 11, 2017
UNPUBLISHED
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
ARIADNA NACIANCENO, *
*
Petitioner, * Damages Decision Based on Proffer;
v. * Influenza;
* Shoulder Injury; SIRVA;
SECRETARY OF HEALTH * Special Processing Unit (“SPU”)
AND HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
C. Clark Hodgson, III, Muller Brazil, LLP, Dresher, PA, for petitioner.
Ilene Claire Albala, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
Dorsey, Chief Special Master:
On November 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 an injury to her left shoulder as a
result of an influenza vaccine administered on October 10, 2015. Petition at 1. The
case was assigned to the Special Processing Unit of the Office of Special Masters.
On April 11, 2017, respondent filed a combine Rule 4(c) Report and Proffer on
Damages. ECF No. 16. A ruling on entitlement was issued, finding petitioner entitled to
compensation for a shoulder injury related to vaccine administration (“SIRVA”). In the
Proffer, respondent indicated that petitioner should be awarded $81,826.50. ECF No.
16 at 4. In the Proffer, respondent represented that petitioner agrees with the proffered
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-01525-UNJ Document 30 Filed 12/11/17 Page 2 of 2
award. Id. 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 Proffer, the undersigned awards petitioner
a lump sum payment of $81,826.50 in the form of a check payable to petitioner,
Ariadna Nacianceno. 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