VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-00219
Package ID: USCOURTS-cofc-1_17-vv-00219
Petitioner: Ralph Lagamma
Filed: 2017-09-26
Decided: 2018-02-07
Vaccine: influenza
Vaccination date: 2015-10-02
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 90600

AI-assisted case summary:
On February 15, 2017, Ralph Lagamma filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that he received an influenza vaccine on October 2, 2015, and subsequently suffered a shoulder injury related to vaccine administration (SIRVA) caused by the vaccine. The case was assigned to the Special Processing Unit. On September 22, 2017, the respondent filed a Rule 4(c) report conceding that the petitioner was entitled to compensation. The respondent stated that the Division of Injury Compensation Programs concluded that a preponderance of the evidence established that the injury to petitioner's left shoulder was caused-in-fact by the flu vaccine administered on October 2, 2015. The respondent also agreed that the injury was not due to unrelated factors and had sequelae for more than six months. Based on the respondent's concession and the evidence, Chief Special Master Nora Beth Dorsey issued a ruling on entitlement on February 7, 2018, finding the petitioner entitled to compensation. Subsequently, on February 7, 2018, Chief Special Master Dorsey issued a decision awarding damages. The respondent had included a Proffer on Award of Compensation in his Rule 4(c) Report, suggesting an award of $90,600.00, with the petitioner agreeing to this amount. The decision awarded Ralph Lagamma a lump sum payment of $90,600.00, representing compensation for all damages available under the Vaccine Act. The public decision does not describe the specific onset of symptoms, medical tests, treatments, or expert witnesses. The attorneys involved were Amy A. Senerth for the petitioner and Daniel Anthony Principato for the respondent.

Theory of causation field:
Petitioner Ralph Lagamma received an influenza vaccine on October 2, 2015, and alleged a shoulder injury related to vaccine administration (SIRVA) caused by the vaccine. The respondent conceded causation-in-fact, agreeing that the flu vaccine administered on October 2, 2015, caused the petitioner's left shoulder injury, that the injury was not due to unrelated factors, and that the sequelae lasted more than six months. This was treated as an off-Table claim. Chief Special Master Nora Beth Dorsey issued a ruling on entitlement on February 7, 2018, finding the petitioner entitled to compensation. A subsequent decision on February 7, 2018, awarded a lump sum of $90,600.00 based on a proffer agreed to by the petitioner, representing compensation for all damages. The public decision does not detail the specific mechanism of injury or name any medical experts.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_17-vv-00219-0
Date issued/filed: 2018-02-07
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 9/26/2017) regarding 22 Ruling on Entitlement. Signed by Chief Special Master Nora Beth Dorsey. (rp) Service on parties made.
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Case 1:17-vv-00219-UNJ Document 33 Filed 02/07/18 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-219V
Filed: September 26, 2017
UNPUBLISHED
RALPH LAGAMMA,
Special Processing Unit (SPU);
Petitioner, Ruling on Entitlement; Concession;
v. Causation-In-Fact; Influenza (Flu)
Vaccine; Shoulder Injury Related to
SECRETARY OF HEALTH AND Vaccine Administration (SIRVA)
HUMAN SERVICES,
Respondent.
Amy A. Senerth, Muller Brazil, LLP, Dresher, PA, for petitioner.
Daniel Anthony Principato, U.S. Department of Justice, Washington, DC, for
respondent.
RULING ON ENTITLEMENT1
Dorsey, Chief Special Master:
On February 15, 2017, 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 he received an influenza vaccine on October 2,
2015, and thereafter suffered from a shoulder injury which was caused-in-fact by the flu
vaccine. Petition at 1. The case was assigned to the Special Processing Unit of the
Office of Special Masters.
On September 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
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 1:17-vv-00219-UNJ Document 33 Filed 02/07/18 Page 2 of 2
4(c) Report at 1. Specifically, respondent states that the Division of Injury
Compensation Programs, Department of Health and Human Services “has concluded
that a preponderance of evidence establishes that the injury to petitioner’s left shoulder
was caused-in-fact by the administration of the flu vaccine on October 2, 2015 . . . ” Id.
at 2-3. Respondent further agrees that “petitioner’s injury is not due to factors unrelated
to the administration of the flu vaccine, and petitioner has suffered the sequela of her
injury for more than six months.” Id. at 3.
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
2

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DOCUMENT 2: USCOURTS-cofc-1_17-vv-00219-1
Date issued/filed: 2018-02-07
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 9/26/2017) regarding 23 DECISION Stipulation/Proffer. Signed by Chief Special Master Nora Beth Dorsey. (rp) Service on parties made.
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Case 1:17-vv-00219-UNJ Document 34 Filed 02/07/18 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-219V
Filed: September 26, 2017
UNPUBLISHED
RALPH LAGAMMA,
Damages Decision Based on Proffer;
Petitioner, Influenza (Flu) Vaccine; Shoulder
v. Injury Related to Vaccine
Administration (SIRVA); Special
SECRETARY OF HEALTH AND Processing Unit (“SPU”)
HUMAN SERVICES,
Respondent.
Amy A. Senerth, Muller Brazil, LLP, Dresher, PA, for petitioner.
Daniel Anthony Principato, U.S. Department of Justice, Washington, DC, for
respondent.
DECISION AWARDING DAMAGES1
Dorsey, Chief Special Master:
On February 15, 2017, 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 he received an influenza vaccine on October 2,
2015, and thereafter suffered from a shoulder injury which was caused-in-fact by the flu
vaccine. Petition at 1. The case was assigned to the Special Processing Unit of the
Office of Special Masters.
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 1:17-vv-00219-UNJ Document 34 Filed 02/07/18 Page 2 of 2
On September 26, 2017, a ruling on entitlement was issued, finding petitioner
entitled to compensation for a shoulder injury related to vaccine administration
(“SIRVA”). Respondent included a Proffer on Award of Compensation (“Proffer”) in his
Rule 4(c) Report filed on September 22, 2017, indicating petitioner should be awarded
$90,600.00. 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 Proffer, the undersigned awards petitioner
a lump sum payment of $90,600.00 in the form of a check payable to petitioner,
Ralph Lagamma. 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