VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-00754
Package ID: USCOURTS-cofc-1_17-vv-00754
Petitioner: Ronald Devingo
Filed: 2018-01-04
Decided: 2018-05-02
Vaccine: influenza
Vaccination date: 2015-11-12
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 85000

AI-assisted case summary:
Ronald Devingo filed a petition for compensation under the National Vaccine Injury Compensation Program on June 8, 2017, alleging that he received an influenza vaccine on November 12, 2015, and subsequently suffered from a shoulder injury related to vaccine administration (SIRVA). The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on January 3, 2018, conceding that Mr. Devingo's medical course was consistent with SIRVA, a condition listed on the Vaccine Injury Table, and that he suffered residual effects for more than six months. Based on the respondent's concession and the evidence of record, Chief Special Master Nora Beth Dorsey issued a ruling on entitlement on May 2, 2018, finding Mr. Devingo entitled to compensation. Subsequently, on May 2, 2018, Chief Special Master Dorsey issued a decision awarding Mr. Devingo a lump sum payment of $85,000.00 as compensation for all damages. The decision noted that the respondent's Rule 4/Proffer indicated Mr. Devingo agreed with the proffered award. The public decision does not describe the specific onset of symptoms, medical tests, treatments, or the mechanism of injury beyond its classification as SIRVA. Petitioner was represented by Carol L. Gallagher, and respondent was represented by Daniel Anthony Principato.

Theory of causation field:
Petitioner Ronald Devingo alleged a shoulder injury related to vaccine administration (SIRVA) following an influenza vaccine on November 12, 2015. The respondent conceded that petitioner's medical course was consistent with SIRVA, a condition listed on the Vaccine Injury Table, and that the residual effects lasted more than six months. The public text does not name specific medical experts or describe the mechanism of injury in detail. The case resulted in a ruling on entitlement and a subsequent decision awarding petitioner $85,000.00 as compensation for all damages, based on the respondent's concession and agreement with the proffered award. Chief Special Master Nora Beth Dorsey issued the ruling and decision on May 2, 2018. Petitioner's counsel was Carol L. Gallagher, and respondent's counsel was Daniel Anthony Principato.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_17-vv-00754-0
Date issued/filed: 2018-05-02
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 01/04/2018) regarding 17 Ruling on Entitlement, ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Service on parties made.
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Case 1:17-vv-00754-UNJ Document 28 Filed 05/02/18 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-754V
Filed: January 4, 2018
UNPUBLISHED
RONALD DEVINGO,
Special Processing Unit (SPU);
Petitioner, Ruling on Entitlement; Concession;
v. Table Injury; Influenza (Flu) Vaccine;
Shoulder Injury Related to Vaccine
SECRETARY OF HEALTH AND Administration (SIRVA)
HUMAN SERVICES,
Respondent.
Carol L. Gallagher, Linwood, NJ, for petitioner.
Daniel Anthony Principato, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
Dorsey, Chief Special Master:
On June 8, 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 November 12, 2015,
and thereafter suffered from a shoulder injury related to vaccine administration
(“SIRVA”). Petition at 1. The case was assigned to the Special Processing Unit of the
Office of Special Masters.
On January 3, 2018, 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 states that “petitioner’s medical course is consistent with
SIRVA as defined on the Vaccine Injury Table.” Id. at 2. Respondent further agrees
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-00754-UNJ Document 28 Filed 05/02/18 Page 2 of 2
that “petitioner suffered the residual effects of his 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
2

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DOCUMENT 2: USCOURTS-cofc-1_17-vv-00754-1
Date issued/filed: 2018-05-02
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 01/04/2018) regarding 18 DECISION Stipulation/Proffer (Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Service on parties made.
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Case 1:17-vv-00754-UNJ Document 29 Filed 05/02/18 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-754V
Filed: January 4, 2018
UNPUBLISHED
RONALD DEVINGO,
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.
Carol L. Gallagher, Linwood, NJ, for petitioner.
Daniel Anthony Principato, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
Dorsey, Chief Special Master:
On June 8, 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 November 12, 2015,
and thereafter suffered from a shoulder injury related to vaccine administration
(“SIRVA”). Petition at 1. The case was assigned to the Special Processing Unit of the
Office of Special Masters.
On January 4, 2018, a ruling on entitlement was issued, finding petitioner entitled
to compensation for his shoulder injury. On January 3, 2018 respondent filed a
combined Rule 4 report/proffer on award of compensation (“Rule 4/Proffer”) indicating
petitioner should be awarded $85,000.00. Rule 4/Proffer at 3. In the Rule 4/Proffer,
respondent represented that petitioner agrees with the proffered award. Based on the
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-00754-UNJ Document 29 Filed 05/02/18 Page 2 of 2
record as a whole, the undersigned finds that petitioner is entitled to an award as stated
in the Rule 4/Proffer.
Pursuant to the terms stated in the Rule 4/Proffer, the undersigned awards
petitioner a lump sum payment of $85,000.00 in the form of a check payable to
petitioner, Ronald Devingo. 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