VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_16-vv-01612
Package ID: USCOURTS-cofc-1_16-vv-01612
Petitioner: Mary Mancina
Filed: 2016-12-05
Decided: 2018-02-02
Vaccine: influenza
Vaccination date: 2014-12-05
Condition: SIRVA of the left upper extremity
Outcome: compensated
Award amount USD: 83078

AI-assisted case summary:
Mary Mancina filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she suffered an injury to her left shoulder and arm caused by an improper administration of the influenza vaccine she received on December 5, 2014. The case was assigned to the Special Processing Unit. Respondent filed a Rule 4(c) report conceding that petitioner is entitled to compensation, opining that she experienced SIRVA of the left upper extremity within 48 hours of the flu vaccine administration and that it was more likely than not caused by the vaccination. A ruling on entitlement was issued on July 14, 2017, finding petitioner entitled to compensation. Subsequently, respondent filed a proffer on award of compensation, indicating that petitioner should be awarded $83,078.50, which represents all elements of compensation to which petitioner would be entitled under the Act. Petitioner agreed with the proffered award. The court awarded Mary Mancina a lump sum payment of $83,078.50.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_16-vv-01612-0
Date issued/filed: 2018-01-25
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 7/14/2017) regarding 22 Ruling on Entitlement. Signed by Chief Special Master Nora Beth Dorsey. (rp) Service on parties made.
--------------------------------------------------------------------------------
Case 1:16-vv-01612-UNJ Document 34 Filed 01/25/18 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 16-1612V
Filed: July 14, 2017
Unpublished
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
MARY MANCINA, *
*
Petitioner, * Ruling on Entitlement; Concession;
v. * Influenza Vaccination;
* Shoulder Injury Related to Vaccine
SECRETARY OF HEALTH * Administration (“SIRVA”);
AND HUMAN SERVICES, * Special Processing Unit (“SPU”)
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Tammy M. Nick, Nick Law Firm, L.C., Slidell, LA, for petitioner.
Lisa Ann Watts, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
Dorsey, Chief Special Master:
On December 5, 2016, Mary Mancina (“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” or “Program”). Petitioner alleges that she
suffered an injury to her left shoulder and arm caused from the improper administration
of the influenza vaccine she received on December 5, 2014. Petition at 1, ¶¶ 2, 11.
Petitioner further alleges that she received the vaccination in the United States, has
suffered the residual effects of her injury for more than six months, filed but then
dismissed a civil action for her injury alleged as vaccine caused, and has not received
compensation for this injury. Id. at ¶¶ 2, 12-14; see Exhibit E (re-designated as Exhibit
5), filed Dec. 6, 2016 (ECF No. 4-7) (dismissal of civil action). The case was assigned
to the Special Processing Unit of the Office of Special Masters.
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, Pub. L. No. 107-347, § 205, 116 Stat. 2899, 2913 (codified as amended
at 44 U.S.C. § 3501 note (2012)). 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-01612-UNJ Document 34 Filed 01/25/18 Page 2 of 2
On July 12, 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 “opines that petitioner experienced SIRVA of the left upper
extremity within 48 hours of flu vaccine administration . . . [and] agrees that petitioner’s
SIRVA was more likely than not caused by the December 5, 2014 flu vaccination.” Id.
at 4. Respondent further indicates that “based on the record as it now stands, petitioner
has satisfied all legal prerequisites for compensation under the Act.” Id. at 5.
In view of respondent’s concession and the evidence before me, I find 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-01612-1
Date issued/filed: 2018-02-02
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 8/8/2017) regarding 26 DECISION Stipulation/Proffer. Signed by Chief Special Master Nora Beth Dorsey. (rp) Service on parties made.
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Case 1:16-vv-01612-UNJ Document 35 Filed 02/02/18 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 16-1612V
Filed: August 8, 2017
UNPUBLISHED
MARY MANCINA,
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.
Tammy M. Nick, Nick Law Firm, L.C., Slidell, LA, for petitioner.
Lisa Ann Watts, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
Dorsey, Chief Special Master:
On December 5, 2016, Mary Mancina (“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” or “Program”). Petitioner alleged that she
suffered an injury to her left shoulder and arm caused from the improper administration
of the influenza vaccine she received on December 5, 2014. Petition at 1, ¶¶ 2, 11.
The case was assigned to the Special Processing Unit of the Office of Special Masters.
On July 14, 2017, a ruling on entitlement was issued, finding petitioner entitled to
compensation. On August 8, 2017, respondent filed a proffer on award of
compensation (“Proffer”) indicating petitioner should be awarded $83,078.50. Proffer at
1. 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-01612-UNJ Document 35 Filed 02/02/18 Page 2 of 4
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 attached Proffer, the undersigned awards
petitioner a lump sum payment of $83,078.50 in the form of a check payable to
petitioner, Mary Mancina. 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-01612-UNJ Document 35 Filed 02/02/18 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
_________________________________________
MARY MANCINA, )
)
) ECF
Petitioner, )
)
v. ) No. 16-1612V
) Chief Special Master
SECRETARY OF HEALTH AND HUMAN ) Nora Beth Dorsey
SERVICES, )
)
Respondent. )
)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On December 5, 2016, Mary Mancina (“petitioner”) filed a petition for vaccine injury
compensation alleging that she suffered a left shoulder injury related to vaccine administration
(“SIRVA”), which was caused-in-fact by an influenza (“flu”) vaccination administered on
December 5, 2014. Respondent filed his Rule 4(c) Report conceding entitlement to
compensation on July 12, 2017. The Chief Special Master issued a Ruling on Entitlement on July
14, 2017.
I. Items of Compensation
Based upon the evidence of record, respondent proffers that petitioner should be awarded
$83,078.50, 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, future lost earnings, and future pain and suffering.
1

Case 1:16-vv-01612-UNJ Document 35 Filed 02/02/18 Page 4 of 4
II. Form of the Award
The parties recommend that the compensation provided to petitioner should be made
through a lump sum payment of $83,078.50 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
HEATHER L. PEARLMAN
Assistant Director
Torts Branch, Civil Division
s/Lisa A. Watts
LISA A. WATTS
Senior Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146
Benjamin Franklin Station
Washington, D.C. 20044-0146
Tel.: (202) 616-4099
DATED: August 8, 2017
2 Petitioner is a competent adult. Proof of guardianship is not required in this case.
2