VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-00263
Package ID: USCOURTS-cofc-1_17-vv-00263
Petitioner: Michele Carusotto
Filed: 2017-10-10
Decided: 2018-03-01
Vaccine: influenza
Vaccination date: 2015-10-07
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 120000

AI-assisted case summary:
Michele Carusotto filed a petition for compensation under the National Vaccine Injury Compensation Program alleging that she suffered a shoulder injury related to vaccine administration (SIRVA) as a result of an influenza vaccine she received on October 7, 2015. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report conceding that Ms. Carusotto is entitled to compensation for a SIRVA of her left upper extremity within 48 hours of the vaccine. The respondent agreed that she had satisfied all legal prerequisites for compensation. Subsequently, on November 8, 2017, the respondent filed a proffer on award of compensation, recommending an award of $120,000.00, which Ms. Carusotto agreed to. The Chief Special Master issued a ruling on entitlement on October 10, 2017, finding Ms. Carusotto entitled to compensation. A decision awarding damages was issued on March 1, 2018, granting a lump sum payment of $120,000.00 to Ms. Carusotto, representing compensation for all damages available under the Act. The case proceeded as an off-Table claim, with the respondent conceding entitlement based on the evidence of record.

Theory of causation field:
Off-Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_17-vv-00263-0
Date issued/filed: 2018-02-13
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 10/10/2017) 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-00263-UNJ Document 30 Filed 02/13/18 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-263V
Filed: October 10, 2017
UNPUBLISHED
MICHELE CARUSOTTO,
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.
Ronald Craig Homer, Conway, Homer, P.C., Boston, MA, for petitioner.
Ilene Clair Albala, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
Dorsey, Chief Special Master:
On February 23, 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 she suffered a shoulder injury related to vaccine
administration (“SIRVA”) resulting from the influenza vaccine she received on October
7, 2015. Petition at 1, ¶ 2. Petitioner further alleges that she received the vaccine in
the United States, suffered the residual effects of her injury for more than six months,
and has not filed a lawsuit or received a settlement or award for her injury. 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. 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-00263-UNJ Document 30 Filed 02/13/18 Page 2 of 2
On October 5, 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 a shoulder injury
related to vaccine administration (“SIRVA”) of the left upper extremity within 48 hours of
flu vaccine administration.” Id. at 3. Respondent further agrees that “based on the
record as it now stands, petitioner has satisfied all legal prerequisites for compensation
under the Act.” 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

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DOCUMENT 2: USCOURTS-cofc-1_17-vv-00263-1
Date issued/filed: 2018-03-01
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 11/8/2017) regarding 26 DECISION Stipulation/Proffer Signed by Chief Special Master Nora Beth Dorsey. (rp) Service on parties made.
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Case 1:17-vv-00263-UNJ Document 31 Filed 03/01/18 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-0263V
Filed: November 8, 2017
UNPUBLISHED
MICHELE CARUSOTTO,
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.
Ronald Craig Homer, Conway, Homer, P.C., Boston, MA, for petitioner.
Ilene Clair Albala, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
Dorsey, Chief Special Master:
On February 23, 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 she suffered a shoulder injury related to vaccine
administration (“SIRVA”) resulting from the influenza vaccine she received on October
7, 2015. Petition at 1, ¶ 2. The case was assigned to the Special Processing Unit of
the Office of Special Masters.
On October 10, 2017, a ruling on entitlement was issued, finding petitioner
entitled to compensation for her shoulder injury related to vaccine administration
(“SIRVA”). On November 8, 2017, respondent filed a proffer on award of compensation
(“Proffer”) indicating petitioner should be awarded $120,000.00. Proffer at 1. In the
Proffer, respondent represented that petitioner agrees with the proffered award. Based
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-00263-UNJ Document 31 Filed 03/01/18 Page 2 of 4
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 $120,000.00 in the form of a check payable to
petitioner, Michele Carusotto. This amount represents compensation for all damages
that would be available under § 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 1:17-vv-00263-UNJ Document 31 Filed 03/01/18 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
)
MICHELE CARUSOTTO, )
)
Petitioner, )
) No. 17-263
v. ) Chief Special Master Dorsey
) ECF
SECRETARY OF HEALTH AND )
HUMAN SERVICES, )
)
Respondent. )
)
PROFFER ON AWARD OF COMPENSATION
I. Items of Compensation
On October 10, 2017, Chief Special Master Dorsey issued an Order finding that
petitioner’s case was entitled to vaccine compensation for her Shoulder Injury Related to
Vaccine Administration (SIRVA). Based upon the evidence of record, respondent proffers that
petitioner should be awarded $120,000.00, which represents all elements of compensation to
which petitioner would be entitled under 42 U.S.C. § 300aa-15(a).1 Petitioner agrees.
II. Form of the Award
Respondent recommends that the compensation provided to petitioner should be made
through a lump sum payment of $120,000.00, in the form of a check payable to petitioner.
Petitioner agrees.
Petitioner is a competent adult. Evidence of guardianship is not required in this case.

Case 1:17-vv-00263-UNJ Document 31 Filed 03/01/18 Page 4 of 4
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
ALEXIS B. BABCOCK
Assistant Director
Torts Branch, Civil Division
s/ Ilene Albala
ILENE ALBALA
Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146
Ben Franklin Station
Washington, D.C. 20044-0146
Direct dial: (202) 616-3655
Dated: November 8, 2017
1 Should petitioner die prior to the 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.
2