VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-00977
Package ID: USCOURTS-cofc-1_17-vv-00977
Petitioner: Janice Condara
Filed: 2017-07-20
Decided: 2020-10-27
Vaccine: influenza
Vaccination date: 2014-11-22
Condition: shoulder injury related to vaccine administration
Outcome: compensated
Award amount USD: 59375

AI-assisted case summary:
Janice Condara filed a petition on July 20, 2017, alleging that the influenza vaccine she received on November 22, 2014, caused her to suffer from a shoulder injury related to vaccine administration (SIRVA), with residual effects lasting more than six months. The respondent, the Secretary of Health and Human Services, denied that the vaccine caused the injury or that it constituted a SIRVA Table injury. Despite the denial, the parties filed a joint stipulation. Special Master Christian J. Moran reviewed the stipulation, found it reasonable, and adopted it as the decision of the Court. As compensation for all damages, Janice Condara was awarded a lump sum payment of $59,375.00, payable by check to the petitioner. The decision was issued on October 27, 2020. Brian L. Cinelli represented the petitioner, and Dhairya D. Jani represented the respondent. The public decision does not describe the specific onset of symptoms, medical examinations, diagnostic tests, or treatments received by the petitioner.

Theory of causation field:
Petitioner Janice Condara alleged that an influenza vaccine administered on November 22, 2014, caused a shoulder injury related to vaccine administration (SIRVA) with residual effects lasting over six months. The injury is listed in the Vaccine Injury Table. Respondent denied causation and that the condition was a Table injury. The parties reached a joint stipulation, which Special Master Christian J. Moran found reasonable and adopted. The stipulation resulted in a lump sum award of $59,375.00 for all damages. Petitioner's counsel was Brian L. Cinelli, and respondent's counsel was Dhairya D. Jani. The decision date was October 27, 2020. The public decision does not detail the specific mechanism of injury, expert testimony, or the medical evidence considered beyond the stipulation.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_17-vv-00977-0
Date issued/filed: 2019-11-19
Pages: 4
Docket text: PUBLIC ORDER/RULING (Originally filed: 10/22/2019) regarding 50 Findings of Fact & Conclusions of Law. Signed by Special Master Christian J. Moran. (abs) Service on parties made.
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Case 1:17-vv-00977-UNJ Document 53 Filed 11/19/19 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
* * * * * * * * * * * * * * * * * * * * * * * * *
JANICE CONDARA, *
* No. 17-977V
Petitioner, * Special Master Christian J. Moran
*
v. *
* Filed: October 22, 2019
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
* Tentative Finding of Facts
Respondent. *
* * * * * * * * * * * * * * * * * * * * * * * * *
Brian L. Cinelli, Marcus & Cinelli, LLP, Williamsville, NY, for petitioner;
Dhairya D. Jani, United States Dep’t of Justice, Washington, DC, for respondent.
UNPUBLISHED TENTATIVE RULING FINDING FACTS1
Special masters may provide tentative findings and conclusions during the pendency of
litigation. See Vaccine Rule 5. In the undersigned’s estimation, the rules envision that tentative
findings before all the evidence is developed could facilitate formal and informal resolution of a
claim. The undersigned offers the following tentative findings and conclusions so that the
parties may be able to focus their efforts on those issues that are material and remain disputed.
These findings are tentative insomuch as they are subject to change upon the presentation of
additional evidence or argument.
The parties dispute when Ms. Condara experienced pain in her shoulder following
vaccination. Witnesses testified at a hearing held on October 18, 2019, in Houston, Texas. See
Campbell v. Sec’y of Health & Human Servs., 69 Fed. Cl. 775, 779-80 (2006) (noting the
efficacy of holding a hearing in cases where testimony and medical records conflict). Ms.
Condara, her daughter-in-law, her sister, and her daughter testified in person. Two people, a
former partner and a former caretaker, testified via telephone.
1 The E-Government Act, 44 U.S.C. § 3501 note (2012) (Federal Management and
Promotion of Electronic Government Services), requires that the Court post this decision on its
website (https://www.uscfc.uscourts.gov/aggregator/sources/7). This posting will make the
decision accessible to anyone via the internet. Pursuant to Vaccine Rule 18(b), the parties have
14 days to file a motion proposing redaction of medical information or other information
described in 42 U.S.C. § 300aa-12(d)(4). Any redactions ordered by the special master will be
reflected in the document posted on the website.

Case 1:17-vv-00977-UNJ Document 53 Filed 11/19/19 Page 2 of 4
Pursuant to well-established standards for determining when events did or did not
happen, see Sanchez v. Sec'y of Health & Human Servs., No. 11-685V, 2013 WL 1880825, at *2
(Fed. Cl. Spec. Mstr. Apr. 10, 2013), mot. for rev. denied, 142 Fed. Cl. 247, 251-52 (2019),
appeal docketed, No. 2019-1753 (Fed. Cir. Apr. 9, 2019), the undersigned finds how the
evidence preponderates. In setting forth the findings, the undersigned also cites to the primary
evidence that is the basis for the finding. The undersigned recognizes that not all evidence is
entirely consistent with these findings. See Doe 11 v. Sec’y of Health & Human Servs., 601
F.3d 1349, 1355 (Fed. Cir. 2010) (ruling that the special master’s fact-finding was not arbitrary
despite some contrary evidence). Indeed, it is the presence of inconsistent evidence that dictated
a proceeding to resolve factual disputes.
The undersigned has considered this testimony as well as the documentary evidence filed
in advance of the hearing. Based upon a review of this evidence, the undersigned finds that a
preponderance of the evidence supports a finding that Ms. Condara suffered pain in her
shoulder immediately after receiving a flu vaccination on November 22, 2014. The main
reasons for this finding are:
1. No evidence suggests that Ms. Condara suffered from any shoulder pain before
November 22, 2014, and Ms. Condara reported shoulder pain on October 27, 2015. See
Resp’t’s Statement regarding Onset, filed June 24, 2019, at 1 (acknowledging that
records of Ms. Condara’s medical history before the vaccination do not show any
shoulder problem); exhibit 5 at 35-40 (appointment on October 27, 2015). Thus, as a
matter of logic, the shoulder pain must have begun between November 22, 2014, and
October 27, 2015.
2. Within three weeks of the vaccination, Ms. Condara posted to Facebook a query about
pain after vaccination, recounting that she was still experiencing pain after her recent flu
vaccination (exhibit 4 and exhibit 26 at 22).2
3. Medical records recount that Ms. Condara’s shoulder pain began around the time of
vaccination. These include:
a. Ms. Condara’s report to Dr. Lowder on October 27, 2015 (exhibit 5 at 35-40),
b. Ms. Condara’s history submitted to Dr. Hicks that says the injury occurred on
November 22, 2014 (exhibit 11 at 1), and
2 During the hearing, the Secretary elicited testimony that Facebook postings can be
edited. However, Ms. Condara denied editing this posting. If the Secretary wanted to establish
that this posting was edited, the Secretary should retain a computer forensic firm to investigate.
2

Case 1:17-vv-00977-UNJ Document 53 Filed 11/19/19 Page 3 of 4
c. Dr. Hicks’s report on October 29, 2015, that she had been having right arm pain
for more than a year (exhibit 11 at 9).3
4. The witnesses testified in writing (affidavits) and orally that Ms. Condara’s pain began
immediately after vaccination. Their testimony was consistent and clear.
5. No evidence affirmatively suggests that Ms. Condara’s shoulder pain, which, to repeat,
must have begun between November 22, 2014, and October 27, 2015, began on a day
other than November 22, 2014.
6. Ms. Condara preferred homeopathic or alternative therapies. Between November 22,
2014, and October 27, 2015, Ms. Condara attempted to treat her shoulder pain using
various homeopathic or alternative therapies, including ingestion or topical use of
turmeric, collagen, and arnica. Ms. Condara also used light therapy and massage therapy.
The various witness’s testimony established this fact, despite the lack of documentation
created contemporaneously with the homeopathic interventions.
7. Between November 22, 2014, and October 27, 2015, Ms. Condara was treated by a
chiropractor, Dr. Mary Gorzelnik. See exhibit 24 (onset affidavit) ¶ 7. Ms. Condara, Mr.
Powers, and Ms. Mensik testified about chiropractic treatment, although this testimony
was (a) vague in terms of when Ms. Condara began treatment and (b) inconsistent about
the number of sessions. Through her attorney, Ms. Condara represented that she made a
good faith effort to acquire these records but has been unable to obtain them due to Dr.
Gorzelnik having retired and moved out of the state.
8. In light of this evidence supporting a finding that Ms. Condara began experiencing
shoulder pain immediately after the flu vaccination, an argument against Ms. Condara
having experienced pain for that long based upon her 11-month delay in treatment is not
persuasive. First, as noted above, Ms. Condara did not entirely delay treatment. She
pursued her preferred alternative methods of treatment before turning to more traditional
Western medicine. Second, Ms. Condara spent a great amount of time arranging care for
her father and her step-mother throughout 2015. Her activities explain, to some degree,
why she did not prioritize her own health.4
For these reasons, the undersigned finds that Ms. Condara began to experience shoulder
pain immediately after the November 22, 2014 vaccination.
3 Because these records were created months after the onset of Ms. Condara’s pain, they
are not contemporaneous. The lack of contemporaneity reduces, but does not eliminate, the
evidentiary value of these medical records.
4 In contrast, the undersigned does not accept Ms. Condara’s claim that her lack of health
insurance prevented her from obtaining care. Ms. Condara’s income allowed her to afford health
insurance and/or to pay for a doctor’s appointment if she chose to spend her resources on her
health care.
3

Case 1:17-vv-00977-UNJ Document 53 Filed 11/19/19 Page 4 of 4
The undersigned encourages the parties to attempt to resolve the remainder of the case
informally. To assist in this process, the undersigned offers the following comments regarding
the compensation to which Ms. Condara may be entitled.
1. Unreimbursed Medical Expenses.
a. Past. Ms. Condara appears to have incurred expenses related to homeopathic or
alternative therapies. The undersigned expects that they would total no more than
a few thousand dollars.
b. Future. Dr. Hicks has suggested that Ms. Condara have a surgery to address her
rotator cuff tear, but Ms. Condara has feared this procedure. While it is not
entirely clear that a vaccination can lead to a rotator cuff tear, Ms. Condara could
prudently purchase health insurance before undergoing an expense like an
operation. Discussion and compromise from both parties seem especially
appropriate here.
2. Lost Earnings. It appears that Ms. Condara did not suffer a loss of earnings due to her
shoulder injury. See exhibit 23 (damages affidavit) ¶ 8.
3. Pain and Suffering. Despite contrary testimony from Ms. Condara, the undersigned finds
that Ms. Condara’s pain was relatively mild. Ms. Condara was able to perform most of
her activities despite the inconvenience of pain in her non-dominant shoulder. Indeed,
the (relative) mildness of the pain goes hand-in-hand with Ms. Condara’s course of
treatment. It is likely that if Ms. Condara were truly suffering a debilitating injury, then
she would have found time in her schedule to seek medical attention from a traditional
doctor much sooner.
If the parties retain any experts to opine about causation, the parties must deliver this
Tentative Ruling to the proposed expert. See Burns v. Sec’y of Health & Human Servs., 3 F.3d
415 (Fed. Cir. 1993). A status conference to discuss these findings of fact and to ascertain the
parties’ progress in resolving this case informally is set for Wednesday, November 6, 2019, at
2:00 P.M. Eastern Time.
Any questions may be directed to my law clerk, Andrew Schick, at (202) 357-6360.
IT IS SO ORDERED.
s/Christian J. Moran
Christian J. Moran
Special Master
4

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DOCUMENT 2: USCOURTS-cofc-1_17-vv-00977-1
Date issued/filed: 2020-10-27
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 9/23/2020) regarding 66 DECISION Stipulation/Proffer. Signed by Special Master Christian J. Moran. (abs) Service on parties made.
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Case 1:17-vv-00977-UNJ Document 71 Filed 10/27/20 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
* * * * * * * * * * * * * * * * * * * * *
JANICE CONDARA, *
* No. 17-977V
Petitioner, * Special Master Christian J. Moran
*
v. * Filed: September 23, 2020
*
SECRETARY OF HEALTH * Stipulation; influenza (“flu”) vaccine;
AND HUMAN SERVICES, * shoulder injury related to vaccine
* administration (“SIRVA”).
Respondent. *
* * * * * * * * * * * * * * * * * * * * *
Brian L. Cinelli, Marcus & Cinelli, LLP, Williamsville, NY, for Petitioner;
Dhairya D. Jani, United States Dep’t of Justice, Washington, DC, for Respondent.
UNPUBLISHED DECISION1
On September 23, 2020, the parties filed a joint stipulation concerning the
petition for compensation filed by Janice Condara on July 20, 2017. Petitioner
alleged that the influenza vaccine she received on November 22, 2014, which is
contained in the Vaccine Injury Table (the “Table”), 42 C.F.R. §100.3(a), caused
her to suffer from a shoulder injury related to vaccination administration
(“SIRVA”). Petitioner further alleges that she suffered the residual effects of this
injury for more than six months. Petitioner represents that there has been no prior
award or settlement of a civil action for damages on her behalf as a result of her
condition.
Respondent denies that the influenza vaccine caused petitioner to suffer a
right shoulder injury and denies that petitioner sustained a SIRVA Table injury.
1 The E-Government Act, 44 U.S.C. § 3501 note (2012) (Federal Management and
Promotion of Electronic Government Services), requires that the Court post this decision on its
website. Pursuant to Vaccine Rule 18(b), the parties have 14 days to file a motion proposing
redaction of medical information or other information described in 42 U.S.C. § 300aa-12(d)(4).
Any redactions ordered by the special master will appear in the document posted on the website.

Case 1:17-vv-00977-UNJ Document 71 Filed 10/27/20 Page 2 of 7
Nevertheless, the parties agree to the joint stipulation, attached hereto. The
undersigned finds said stipulation reasonable and adopts it as the decision of the
Court in awarding damages, on the terms set forth therein.
Damages awarded in that stipulation include:
A lump sum payment of $59,375.00 in the form of a check payable to
petitioner. This amount represents compensation for all damages that
would be available under 42 U.S.C. § 300aa-15(a).
In the absence of a motion for review filed pursuant to RCFC, Appendix B,
the clerk is directed to enter judgment according to this decision and the attached
stipulation.2
IT IS SO ORDERED.
s/Christian J. Moran
Christian J. Moran
Special Master
2 Pursuant to Vaccine Rule 11(a), the parties can expedite entry of judgment by each
party filing a notice renouncing the right to seek review by a United States Court of Federal
Claims judge.
2

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