VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-01289
Package ID: USCOURTS-cofc-1_17-vv-01289
Petitioner: Caroline DiFrancesco
Filed: 2017-09-19
Decided: 2020-10-01
Vaccine: influenza
Vaccination date: 2014-10-04
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 34800

AI-assisted case summary:
Caroline DiFrancesco filed a petition on September 19, 2017, alleging that an influenza vaccine administered on October 4, 2014, caused her to suffer a shoulder injury related to vaccine administration (SIRVA). The respondent, the Secretary of Health and Human Services, denied that the vaccine caused petitioner's SIRVA or any other injury. Despite the denial, the parties reached a stipulation recommending an award of compensation. The stipulation stated that Caroline DiFrancesco would receive a lump sum of $34,800.00, payable to petitioner via check, as compensation for all damages available under the National Childhood Vaccine Injury Act. Special Master Nora Beth Dorsey found the stipulation to be reasonable and adopted it as the decision of the Court. Judgment was to be entered in accordance with the terms of the stipulation, unless a motion for review was filed.

Theory of causation field:
Petitioner Caroline DiFrancesco alleged that an influenza vaccine administered on October 4, 2014, caused a shoulder injury related to vaccine administration (SIRVA). The respondent denied causation. The parties stipulated to an award, with respondent denying that the vaccine caused SIRVA or any other injury, and denying that petitioner sustained a SIRVA Table injury. The Special Master adopted the stipulation. Petitioner received a lump sum of $34,800.00. The public decision does not describe the specific mechanism of injury, expert testimony, or clinical details of the alleged condition.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_17-vv-01289-0
Date issued/filed: 2020-10-26
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 10/1/2020) regarding 80 DECISION Stipulation. Signed by Special Master Nora Beth Dorsey. (Attachments: # (1) Appendix A)(mca) Service on parties made.
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Case 1:17-vv-01289-UNJ Document 84 Filed 10/26/20 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
Filed: October 1, 2020
* * * * * * * * * * * * * * *
CAROLINE DIFRANCESCO, * UNPUBLISHED
*
Petitioner, * No. 17-1289V
*
v. * Special Master Dorsey
*
SECRETARY OF HEALTH * Decision Based on Stipulation;
AND HUMAN SERVICES, * Influenza (“Flu”) Vaccine; Shoulder
* Injury Related to Vaccine Administration
Respondent. * (“SIRVA”).
*
* * * * * * * * * * * * * * *
Ronald C. Homer, Conway, Homer, P.C., Boston, MA, for petitioner.
Colleen C. Hartley, U.S. Department of Justice, Washington, DC, for respondent.
DECISION BASED ON STIPULATION1
On September 19, 2017, Caroline DiFrancesco (“petitioner”) filed a petition in the
National Vaccine Injury Compensation Program.2 Petitioner alleged that as a result of an
influenza (“flu”) vaccine administered to her on October 4, 2014, petitioner suffered from a
shoulder injury related to vaccine administration (“SIRVA”). Petition at Preamble (ECF No. 1).
On October 1, 2020, the parties filed a stipulation recommending an award of
compensation to petitioner. Stipulation (ECF No. 79). Respondent denies that the flu vaccine
1 Because this Decision contains a reasoned explanation for the action in this case, the
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). 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.
2 The National Vaccine Injury Compensation Program is set forth in Part 2 of the National
Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755, codified as amended,
42 U.S.C. §§ 300aa-1 to -34 (2012) (“Vaccine Act” or “the Act”). All citations in this Decision
to individual sections of the Vaccine Act are to 42 U.S.C. § 300aa.

Case 1:17-vv-01289-UNJ Document 84 Filed 10/26/20 Page 2 of 2
caused petitioner to suffer from SIRVA, or any other injury or her current condition, and denies
that petitioner sustained a SIRVA Table injury. Id. at ¶ 6. Nevertheless, the parties agree to the
joint stipulation, attached hereto as Appendix A. The undersigned finds the stipulation
reasonable and adopts it as the decision of the Court in awarding damages, on the terms set forth
therein.
The parties stipulate that petitioner shall receive the following compensation:
A lump sum of $34,800.00 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). Stipulation at ¶ 8.
The undersigned approves the requested amount for petitioner’s compensation.
Accordingly, an award should be made consistent with the stipulation.
In the absence of a motion for review filed pursuant to RCFC Appendix B, the Clerk of
Court SHALL ENTER JUDGMENT in accordance with the terms of the parties’ stipulation.3
IT IS SO ORDERED.
s/Nora Beth Dorsey
Nora Beth Dorsey
Special Master
3 Pursuant to Vaccine Rule 11(a), entry of judgment is expedited by the parties’ joint filing of
notice renouncing the right to seek review.
2