VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-01345
Package ID: USCOURTS-cofc-1_17-vv-01345
Petitioner: Rosanna Massucci
Filed: 2017-09-27
Decided: 2020-04-10
Vaccine: influenza
Vaccination date: 2016-09-20
Condition: Shoulder Injury Related to Vaccine Administration (SIRVA)
Outcome: compensated
Award amount USD: 57452

AI-assisted case summary:
On September 27, 2017, Rosanna Massucci filed a petition for compensation under the National Vaccine Injury Compensation Program. She alleged that an influenza vaccine administered on September 20, 2016, caused her to develop a Shoulder Injury Related to Vaccine Administration (SIRVA) and that she experienced residual effects for more than six months. The respondent denied that the flu vaccine caused the alleged SIRVA or any other injury. The parties, however, reached a stipulation for award. Special Master Herbrina Sanders reviewed the stipulation and found it reasonable, adopting it as the decision of the Court. The stipulation provided for a lump sum payment of $57,452.29 to Petitioner Rosanna Massucci, representing compensation for all damages available under 42 U.S.C. § 300aa-15(a). The decision was entered on April 10, 2020. Petitioner was represented by Amy A. Senerth of Muller Brazil, LLP, and Respondent was represented by Daniel A. Principato, a Trial Attorney with the U.S. Department of Justice. The public decision does not describe the specific onset of symptoms, medical examinations, diagnostic tests, or treatments received by Petitioner.

Theory of causation field:
Petitioner Rosanna Massucci alleged a Shoulder Injury Related to Vaccine Administration (SIRVA) following an influenza vaccine received on September 20, 2016, with residual effects lasting more than six months. The respondent denied causation, onset within the Table's timeframe, persistence of injury for more than six months, and sequelae of a vaccine-related injury. The parties reached a stipulation for award, agreeing to a settlement amount of $57,452.29 for all damages. The Special Master adopted the stipulation. The public text indicates the SIRVA is a condition contained within the Vaccine Injury Table (42 C.F.R. § 100.3(a)). No specific medical experts or detailed causation theories were presented in the public decision, as the case was resolved via stipulation. The stipulation was approved by Special Master Herbrina Sanders on April 10, 2020. Petitioner was represented by Amy A. Senerth, and Respondent by Daniel A. Principato.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_17-vv-01345-0
Date issued/filed: 2020-04-10
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 3/4/2020) regarding 48 DECISION Stipulation/Proffer. Signed by Special Master Herbrina Sanders. (rs) Service on parties made.
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Case 1:17-vv-01345-UNJ Document 54 Filed 04/10/20 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
Filed: March 4, 2020
Not For Publication
* * * * * * * * * * * * * * * * * * * * * * * * *
ROSANNA MASSUCCI, * No. 17-1345V
*
Petitioner, * Special Master Sanders
v. *
*
SECRETARY OF HEALTH * Stipulation for Award; Influenza (“flu”)
AND HUMAN SERVICES, * Vaccine; Shoulder Injury Related to
* Vaccine Administration (“SIRVA”)
Respondent. *
* * * * * * * * * * * * * * * * * * * * * * * * *
Amy A. Senerth, Muller Brazil, LLP, Dresher, PA, for Petitioner.
Daniel A. Principato, United States Department of Justice, Washington, DC, for Respondent.
DECISION1
On September 27, 2017, Rosanna Massucci (“Petitioner”) filed a petition for compensation
pursuant to the National Vaccine Injury Compensation Program.2 42 U.S.C. §§ 300aa-10 to -34
(2012); Pet. at 1, ECF No. 1. Petitioner alleged that the influenza (“flu”) vaccine she received on
September 20, 2016, caused her to develop a shoulder injury related to vaccine administration
(“SIRVA”). See Stip. at 1, ECF No. 47; Pet. at 1. Petitioner further alleged that she experienced
the residual effects of her injury for more than six months. Stip. at 1.
On March 3, 2020, the parties filed a stipulation in which they state that a decision should
be entered awarding compensation to Petitioner. Id. at 2. Respondent denies that the flu vaccine
caused Petitioner’s alleged SIRVA, or any other injury. Id. Nevertheless, the parties agree to the
joint stipulation, attached hereto as Appendix A. I find the stipulation reasonable and adopt it as
the decision of the Court in awarding damages, on the terms set forth therein.
1 This decision shall be posted on the website of the United States Court of Federal Claims, in accordance
with the E-Government Act of 2002, Pub. L. No. 107-347, § 205, 116 Stat. 2899, 2913 (codified as amended
at 44 U.S.C. § 3501 note (2012)). This means the Decision will be available to anyone with access to
the Internet. As provided by Vaccine Rule 18(b), each party has 14 days within which to request redaction
“of any information furnished by that party: (1) that is a trade secret or commercial or financial in substance
and is privileged or confidential; or (2) that includes medical files or similar files, the disclosure of which
would constitute a clearly unwarranted invasion of privacy.” Vaccine Rule 18(b).
2 National Childhood Vaccine Injury Act of 1986, Pub L. No. 99-660, 100 Stat. 3755.

Case 1:17-vv-01345-UNJ Document 54 Filed 04/10/20 Page 2 of 7
The parties stipulate that Petitioner shall receive the following compensation:
A lump sum of $57,452.29 in the form of a check payable to [P]etitioner.
This amount represents compensation for all damages that would be
available under 42 U.S.C. § 300aa-15(a).
Id.
I approve 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/Herbrina D. Sanders
Herbrina D. Sanders
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

Case 1:17-vv-01345-UNJ Document 54 Filed 04/10/20 Page 3 of 7
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
.)
ROSANNA MASSUCCI, ) No. 17-1345V
) Special Master Sanders
Petitioner, ) ECF
)
V. )
)
SECRETARY OF HEALTH AND )
HUMAN SERVICES, )
)
_____R_es_pon_de_nt. ______)
)
STIPULATION
The parties hereby stipulate to the following matters:
1. Petitioner filed a petition for vaccine compensation under the National Vaccine Injury
Compensation Program, 42 U.S.C. § 300aa-l Oto 34 (the "Vaccine Program"). The petition
seeks compensation for injuries allegedly related to petitioner's receipt of the influenza ("flu"),
which vaccine is contained in the Vaccine Injury Table (the "Table"), 42 C.F.R. § 100.3(a).
2. Petitioner received the flu vaccination on or about September 20, 2016.
3. The vaccine was administered -within the United States.
4. Petitioner alleges that she sustained a Shoulder Injury Related to Vaccine
Administration (SIRVA) within the time period set forth in the Table following administration of
the vaccine. She further alleges that she experienced the residual effects of her alleged injuries
for more than six months after vaccine administration.
5. Petitioner represents that there has been no prior award or settlement of a civil action
for damages as a result of her condition.

Case 1:17-vv-01345-UNJ Document 54 Filed 04/10/20 Page 4 of 7
6. Respondent denies that petitioner sustained a SIRVA Table injury; denies that the
onset of her alleged injuries occurred within 48 hours of vaccine administration; denies that her
alleged injuries persisted for more than six months following the vaccinations; and denies that
her current condition is a seguelae of any vaccine-related injury.
7. Maintaining their above-stated positions, the parties nevertheless now agree that the
issues betw·een them shall b.e settled and that a decision should be entered awarding the
compensation described in paragraph 8 of this Stipulation.
8. As soon as practicable after an entry of judgment reflecting a decision consistent with
the terms of this Stipulation, and after petitioner has filed an election to receive compensation
pursuant to 42 U.S.C. § 300aa-2 l(a)(l), the Secretary of Health and Human Services will issue
the following vaccine compensation payment:
A lump sum of $57,452.29 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).
9. As soon as practicable after the entry of judgment on entitlement in this case, and after
petitioner has filed both a proper and timely election to receive compensation pursuant to 42
U.S.C. § 300aa-2 l(a)(l ), and an application, the parties will submit to further proceedings before
the special master to award reasonable attorneys' fees and costs incuned in proceeding upon this
petition.
I 0. Petitioner and her attorney represent that they have identified to respondent all
known sources of payment for items or services for which the Program is not primarily liable
under 42 U.S.C. § 300aa-15(g), including State compensation programs, insurance policies,
Federal or State health benefits programs ( other than Title XIX of the Social Security Act ( 42
U.S.C. § 1396 et seq.)), or by entities that provide health services on a pre-paid basis.
2

Case 1:17-vv-01345-UNJ Document 54 Filed 04/10/20 Page 5 of 7
11. Payment made pursuant to paragraph 8 and any amounts awarded pursuant to
paragraph 9 of this Stipulation will be made in accordance with 42 U.S.C. § 300aa-15(i), subject
to the availability of sufficient statutory funds.
12. The parties and their attorneys further agree-and stipulate that, except for any award
for attorney's fees and litigation costs, and past unreimbursable expenses, the money provided
pursuant to this Stipulation will be used solely for the benefit of petitioner as contemplated by a
strict construction of 42 U.S.C. § 300aa-15(a) and (d), and subject to the conditions of 42 U.S.C.
§ 300aa-15(g) and (h).
13. In return for the payment described in paragraphs 8 and 9, petitioner, in her
individual capacity, and on behalf of her heirs, executors, administrators, successors and/or
assigns, does forever irrevocably and unconditionally release, acquit and discharge the United
States and the Secretary of Health and Human Services from any and all actions or causes of
action (including agreements, judgments, claims, damages, loss of services, expenses and all
demands of whatever kind or nature) that have been brought, could have been brought, or could
be timely brought in the Court of Federal Claims, under the National Vaccine Injury
Compensation Program, 42 U.S.C. § 300aa-10 et seq., on account of, or in any way growing out
of, any and all known or unknown, suspected or unsuspected personal injuries to or death of
petitioner resulting from, or alleged to have resulted from, the flu vaccine administered on or
about September 20, 2016, as alleged by petitioner in a petition for vaccine compensation filed
on or about September 27, 2017, in the United States Court of Federal Claims as petition No. 17-
l 345V.
14. If petitioner should die prior to entry of judgment, this agreement shall be voidable
upon proper notice to the Court on behalf of either or both of the parties.
3

Case 1:17-vv-01345-UNJ Document 54 Filed 04/10/20 Page 6 of 7
15. If the special master fails to issue a decision in complete conformity with the terms
of this Stipulation or if the Court of Federal Claims fails to enter judgment in conformity with a
decision that is in complete conformity with the terms of this Stipulation, then the parties'
settlement and this Stipulation shall be voidable at the sole discretion of either party.
16. This Stipulation expresses a full and complete negotiated settlement ofliability and
damages claimed under the National Childhood Vaccine Injury Act of 1986, as amended, except
as otherwise noted in paragraph 9 above. There is absolutely no agreement on the part of the
parties hereto to make any payment or to do any act or thing other than is herein expressly stated
and clearly agreed to. The parties further agree and understand that the award described in this
Stipulation may reflect a compromise of the parties' respective positions as to liability and/or
amount of damages, and further, that a change in the nature of the injury or condition or in the
items of compensation sought, is not grounds to modify or revise this agreement.
17. This Stipulation shall not be construed as an admission by the United States or the
Secretary of Health and Human Services that the flu vaccine caused petitioner's alleged SIRVA,
and/or any other injury.
18. All rights and obligations of petitioner hereunder shall apply equally to petitioner's
heirs, executors, administrators, successors, and/or assigns.
END OF STIPULATION
4

Case 1:17-vv-01345-UNJ Document 54 Filed 04/10/20 Page 7 of 7
Respectfully submitted,
PETITIONER:
~~Y7\~
ROSANNA MASSUCCI
ATTORNEY OF RECORD FOR AUTHORIZED REPRESENTATIVE
PETITIONER: OF THE ATTORNEY GENERAL:
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AMY A. SENERTH
Muller Brazil, LLP Director
715 Twining Road, Suite 208 Torts Branch
Dresher, PA 19025 Civil Division
Tel: (215) 885-1655 U.S. Department of Justice
P.O. Box 146
Benjamin Franklin Station
Washington, DC 20044-0146
AUTHORIZED REPRESENTATIVE ATTORNEY OF RECORD FOR
OF THE SECRETARY OF HEALTH RESPONDENT:
AL~D HUMA.c'\'. SERVICES:
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s~~
TAMARA OVERBY DANIEL A. PRINCIPATO
Acting Director, Division of Injury Trial Attorney
Compensation Programs Torts Branch
Healthcare Systems Bureau Civil Division
U.S. Department of Health U.S. Department of Justice
and Human Services P.O. Box 146
5600 Fishers Lane Benjamin Franklin Station
Parklawn Building, Mail Stop 11 C-26 Washington, DC 20044-0146
Rockville, MD 20857 Tel: (202) 616-3662
~ /'3/
Dated: Z-QZ..O
5