VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-00846 Package ID: USCOURTS-cofc-1_17-vv-00846 Petitioner: Bambi Pascucci Filed: 2017-06-22 Decided: 2018-12-19 Vaccine: influenza Vaccination date: 2015-09-23 Condition: Shoulder Injury Related to Vaccine Administration (SIRVA) Outcome: compensated Award amount USD: 120000 AI-assisted case summary: Bambi Pascucci filed a petition for compensation under the National Vaccine Injury Compensation Program on June 22, 2017, alleging a Shoulder Injury Related to Vaccine Administration (SIRVA) resulting from an influenza vaccination received on September 23, 2015. The respondent denied that the flu immunization caused the alleged SIRVA or any other injuries. The petition stated that the vaccine was administered in the United States, that the residual effects of the injury lasted for more than six months, and that there had been no prior award or settlement of a civil action on her behalf. The parties later filed a joint stipulation on October 31, 2018, agreeing that compensation should be awarded. Chief Special Master Nora Beth Dorsey adopted the stipulation as the decision of the Court. Bambi Pascucci was awarded a lump sum of $120,000.00, payable by check to the petitioner, representing compensation for all items of damages available under the Vaccine Act. The decision was issued on December 19, 2018. Petitioner was represented by Shealene Priscilla Wasserman of Muller Brazil, LLP, and respondent was represented by Daniel Anthony Principato of the U.S. Department of Justice. The public decision does not describe the specific onset of symptoms, medical tests performed, treatments received, or the specific mechanism of injury. The public decision does not name any medical experts. Theory of causation field: Petitioner Bambi Pascucci alleged a Shoulder Injury Related to Vaccine Administration (SIRVA) following an influenza vaccination on September 23, 2015. Respondent denied causation. The parties filed a joint stipulation for compensation, which was adopted by Chief Special Master Nora Beth Dorsey. Petitioner was awarded $120,000.00. The public decision does not specify the theory of causation, medical experts, or the mechanism of injury. The attorneys involved were Shealene Priscilla Wasserman for the petitioner and Daniel Anthony Principato for the respondent. The decision date was December 19, 2018. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_17-vv-00846-0 Date issued/filed: 2018-12-19 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 11/02/2018) regarding 36 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey. )(mpj) Service on parties made. -------------------------------------------------------------------------------- Case 1:17-vv-00846-UNJ Document 40 Filed 12/19/18 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 17-846V Filed: November 2, 2018 UNPUBLISHED BAMBI PASCUZZI, Petitioner, Special Processing Unit (SPU); Joint v. Stipulation on Damages; Influenza (Flu) Vaccine; Shoulder Injury SECRETARY OF HEALTH AND Related to Vaccine Administration HUMAN SERVICES, (SIRVA) Respondent. Shealene Priscilla Wasserman, Muller Brazil, LLP, Dresher, PA, for petitioner. Daniel Anthony Principato, U.S. Department of Justice, Washington, DC, for respondent. DECISION ON JOINT STIPULATION1 Dorsey, Chief Special Master: On June 22, 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”) as a result of her September 23, 2015 influenza (“flu”) vaccination. Stipulation, filed October 31, 2018, ¶¶ 2, 4; see Petition at 1-3. Petitioner further alleges that the vaccine was administered within the United States, that she suffered the residual effects of her injury for more than six months, and that there has been no prior award or settlement of a civil action on her behalf as a result of her injury. Stipulation at ¶¶ 3-5; see Petition at ¶¶ 2, 10-12. “Respondent denies that the flu 1 The undersigned intends to post this decision on the United States Court of Federal Claims' website. This means the decision will be available to anyone with access to the internet. 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. Because this unpublished decision contains a reasoned explanation for the action in this case, undersigned is required 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). 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-00846-UNJ Document 40 Filed 12/19/18 Page 2 of 7 immunization is the cause of petitioner’s alleged SIRVA, and/or any other injuries.” Stipulation at ¶ 6. Nevertheless, on October 31, 2018, the parties filed the attached joint stipulation, stating that a decision should be entered awarding compensation. The undersigned finds the stipulation reasonable and adopts it as the decision of the Court in awarding damages, on the terms set forth therein. Pursuant to the terms stated in the attached Stipulation, the undersigned awards the following compensation: A lump sum of $120,000.00 in the form of a check payable to petitioner. Stipulation at ¶ 8. This amount represents compensation for all items of damages that would be available under 42 U.S.C. § 300aa-15(a). Id. The undersigned approves the requested amount for petitioner’s compensation. In the absence of a motion for review filed pursuant to RCFC Appendix B, 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-00846-UNJ Document 40 Filed 12/19/18 Page 3 of 7 Case 1:17-vv-00846-UNJ Document 40 Filed 12/19/18 Page 4 of 7 Case 1:17-vv-00846-UNJ Document 40 Filed 12/19/18 Page 5 of 7 Case 1:17-vv-00846-UNJ Document 40 Filed 12/19/18 Page 6 of 7 Case 1:17-vv-00846-UNJ Document 40 Filed 12/19/18 Page 7 of 7