VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_16-vv-01625
Package ID: USCOURTS-cofc-1_16-vv-01625
Petitioner: Janine Fonfara
Filed: 2016-12-07
Decided: 2018-04-05
Vaccine: influenza
Vaccination date: 2015-10-13
Condition: Shoulder Injury Related to Vaccine Administration (SIRVA)
Outcome: compensated
Award amount USD: 137581

AI-assisted case summary:
Janine Fonfara filed a petition for compensation under the National Vaccine Injury Compensation Program on December 7, 2016, alleging she suffered an injury to her left shoulder as a result of receiving an influenza vaccine on October 13, 2015. The case was assigned to the Special Processing Unit. On June 29, 2017, the Chief Special Master issued a ruling on entitlement, finding Ms. Fonfara entitled to compensation for a shoulder injury related to vaccine administration (SIRVA). Respondent conceded that her injury was consistent with SIRVA and was caused in fact by the flu vaccine, and also agreed that she met the statutory requirement of suffering the condition for more than six months. Subsequently, on September 26, 2017, respondent filed a proffer on award of compensation, indicating that Ms. Fonfara should be awarded $137,581.40, an amount to which she agreed. The decision awarding damages, dated February 6, 2018, granted this award in the form of a lump sum payment to Ms. Fonfara, representing compensation for all damages available under the Vaccine Act.

Theory of causation field:
Off-Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_16-vv-01625-0
Date issued/filed: 2018-02-06
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 9/26/2017) regarding 34 DECISION Stipulation/Proffer. Signed by Chief Special Master Nora Beth Dorsey. (rp) Service on parties made.
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Case 1:16-vv-01625-UNJ Document 46 Filed 02/06/18 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 16-1625V
Filed: September 26, 2017
UNPUBLISHED
JANINE FONFARA,
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.
Anne C. Toale, Maglio Christopher & Toale, PA, Sarasota, FL, for petitioner.
Jason C. Bougere, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
Dorsey, Chief Special Master:
On December 7, 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 alleged that she suffered an injury to her left shoulder as a
result of receiving an influenza (“flu”) vaccine on October 13, 2015. Petition at 1. The
case was assigned to the Special Processing Unit (“SPU”) of the Office of Special
Masters.
On June 29, 2017, the undersigned issued a ruling on entitlement, finding
petitioner entitled to compensation for a shoulder injury related to vaccine administration
(“SIRVA”). On September 26, 2017, respondent filed a proffer on award of
compensation (“Proffer”) indicating petitioner should be awarded $137,581.40. 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-01625-UNJ Document 46 Filed 02/06/18 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 $137,581.40 in the form of a check payable to
petitioner, Janine Fonfara. 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-01625-UNJ Document 46 Filed 02/06/18 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
____________________________________
)
JANINE FONFARA, )
)
Petitioner, ) No. 16-1625V
) Chief Special Master Dorsey
v. ) ECF
)
SECRETARY OF HEALTH AND )
HUMAN SERVICES, )
)
Respondent. )
)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
I. Compensation for Vaccine Injury-Related Items
On June 29, 2017, respondent filed a Rule 4(c) Report conceding that petitioner was
entitled to vaccine compensation for his Shoulder Injury Related to Vaccine Administration
(“SIRVA”) injury. Respondent proffers that, based on the evidence of record, petitioner should
be awarded $137,581.40. This amount represents all elements of compensation to which
petitioner would be entitled under 42 U.S.C. § 300aa-15(a)(1); 15(a)(3)(A); and 15(a)(4).
Petitioner agrees.
II. Form of the Award
Respondent recommends that the compensation provided to petitioner should be made
through a lump sum payment as described below, and requests that the special master’s decision
and the Court’s judgment award the following:1
1 Should petitioner die prior to entry of judgment, respondent reserves the right to move the Court for appropriate
relief. In particular, respondent would oppose any award for future medical expenses, future pain and suffering, and
future lost wages.

Case 1:16-vv-01625-UNJ Document 46 Filed 02/06/18 Page 4 of 4
A. A lump sum payment of $137,581.40 in the form of a check payable to petitioner, Janine
Fonfara. This amount accounts for all elements of compensation under 42 U.S.C.
§ 300aa-15(a) to which petitioner would be entitled.
Petitioner is a competent adult. Evidence of guardianship is not required in this case.
Respectfully submitted,
CHAD A. READLER
Acting Assistant Attorney General
C. SALVATORE D’ALESSIO
Director
Torts Branch, Civil Division
CATHARINE E. REEVES
Deputy Director
Torts Branch, Civil Division
ALEXIS B. BABCOCK
Assistant Director
Torts Branch, Civil Division
/s/ Jason C. Bougere
JASON C. BOUGERE
Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146
Benjamin Franklin Station
Washington, D.C. 20044-0146
Phone: (202) 307-2737
Dated: September 26, 2017

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DOCUMENT 2: USCOURTS-cofc-1_16-vv-01625-2
Date issued/filed: 2018-04-05
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 06/29/2017) regarding 23 Ruling on Entitlement ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Service on parties made.
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Case 1:16-vv-01625-UNJ Document 48 Filed 04/05/18 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 16-1625V
Filed: June 29, 2017
UNPUBLISHED
JANINE FONFARA,
Special Processing Unit (SPU);
Petitioner, Ruling on Entitlement; Uncontested;
v. Causation-In-Fact; Influenza (Flu)
Vaccine; Shoulder Injury Related to
SECRETARY OF HEALTH AND Vaccine Administration (SIRVA)
HUMAN SERVICES,
Respondent.
Anne C. Toale, Maglio Christopher & Toale, PA, Sarasota, FL, for petitioner.
Jason C. Bougere, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
Dorsey, Chief Special Master:
On December 7, 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 receiving an influenza (“flu”) vaccine on October 13, 2015. Petition at 1. The
case was assigned to the Special Processing Unit (“SPU”) of the Office of Special
Masters.
On June 29, 2017, respondent filed his Rule 4(c) Report in which he states that
he does not contest entitlement to compensation in this case. Respondent’s Rule 4(c)
Report at 1. Specifically, respondent concluded that petitioner’s injury is consistent with
a shoulder injury related to vaccine administration (“SIRVA”) and that it was caused in
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-01625-UNJ Document 48 Filed 04/05/18 Page 2 of 2
fact by the flu vaccine she received on October 13, 2015. Id. at 5. Respondent further
agrees that petitioner has met the statutory requirements by suffering the condition for
more than six months. Id.
In view of respondent’s position and the evidence of record, the
undersigned finds that petitioner is entitled to compensation.
IT IS SO ORDERED.
s/Nora Beth Dorsey
Nora Beth Dorsey
Chief Special Master