VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-01385
Package ID: USCOURTS-cofc-1_17-vv-01385
Petitioner: Toni Ragusa
Filed: 2017-09-29
Decided: 2018-12-06
Vaccine: influenza
Vaccination date: 2016-09-14
Condition: shoulder injury related to vaccine administration
Outcome: compensated
Award amount USD: 50000

AI-assisted case summary:
Toni Ragusa filed a petition for compensation under the National Vaccine Injury Compensation Program on September 29, 2017, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on September 14, 2016. The public decision does not describe the specific symptoms, onset, or medical treatments related to her alleged injury. The respondent filed a Rule 4(c) report on September 5, 2018, conceding that Ms. Ragusa's alleged injury was consistent with SIRVA and that she was entitled to a presumption of vaccine causation. Chief Special Master Nora Beth Dorsey issued a Ruling on Entitlement on September 6, 2018, finding Ms. Ragusa entitled to compensation. Subsequently, on October 3, 2018, the respondent filed a proffer recommending an award of $50,000.00 for pain and suffering, which Ms. Ragusa agreed to. The decision dated December 6, 2018, awarded Ms. Ragusa a lump sum payment of $50,000.00 for pain and suffering, representing all damages available under 42 U.S.C. § 300aa-15(a). Petitioner was represented by Jeffrey S. Pop of Jeffrey S. Pop & Associates, and respondent was represented by Amy Paula Kokot of the U.S. Department of Justice. The award was made payable to Toni Ragusa.

Theory of causation field:
Petitioner Toni Ragusa filed a petition on September 29, 2017, alleging a Shoulder Injury Related to Vaccine Administration (SIRVA) following an influenza vaccine on September 14, 2016. The respondent conceded entitlement, agreeing that the injury was consistent with SIRVA and that petitioner was entitled to a presumption of vaccine causation. The public decision does not detail the specific mechanism of injury or name any medical experts. A Ruling on Entitlement was issued by Chief Special Master Nora Beth Dorsey on September 6, 2018. On October 3, 2018, respondent filed a proffer recommending an award of $50,000.00 for pain and suffering, which petitioner accepted. Chief Special Master Dorsey issued a decision on December 6, 2018, awarding petitioner a lump sum of $50,000.00 for pain and suffering, representing all damages under 42 U.S.C. § 300aa-15(a). Petitioner was represented by Jeffrey S. Pop, and respondent by Amy Paula Kokot.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_17-vv-01385-0
Date issued/filed: 2018-10-24
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 09/06/2018) regarding 20 Ruling on Entitlement ( Signed by Chief Special Master Nora Beth Dorsey. )(mpj) Service on parties made.
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Case 1:17-vv-01385-UNJ Document 31 Filed 10/24/18 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-1385V
Filed: September 6, 2018
UNPUBLISHED
TONI RAGUSA,
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.
Jeffrey S. Pop, Jeffrey S. Pop & Associates, Beverly Hills, CA, for petitioner.
Amy Paula Kokot, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
Dorsey, Chief Special Master:
On September 29, 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”) after receiving an influenza vaccine on September 14, 2016.
Petition at 1. Petitioner further alleges that she received the vaccination in the United
States and suffered from vaccine-related injuries for more than six months. Id. at 1, ¶
22. The petitioner also alleges that she has never filed a civil action for her vaccination
related injuries. Id. at ¶ 24. The case was assigned to the Special Processing Unit of
the Office of Special Masters.
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-01385-UNJ Document 31 Filed 10/24/18 Page 2 of 2
On September 5, 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 “recommends that compensation be awarded
because petitioner’s alleged injury is consistent with a right-sided SIRVA.” Id. at 1.
Respondent further agrees that “petitioner is entitled to a presumption of vaccine
causation.” 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

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DOCUMENT 2: USCOURTS-cofc-1_17-vv-01385-1
Date issued/filed: 2018-12-06
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 10/03/2018) regarding 26 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey. )(mpj) Service on parties made.
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Case 1:17-vv-01385-UNJ Document 36 Filed 12/06/18 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-1385V
Filed: October 3, 2018
UNPUBLISHED
TONI RAGUSA,
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.
Jeffrey S. Pop, Jeffrey S. Pop & Associates, Beverly Hills, CA, for petitioner.
Amy Paula Kokot, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
Dorsey, Chief Special Master:
On September 29, 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”) after receiving an influenza vaccine on September 14, 2016.
Petition at 1. The case was assigned to the Special Processing Unit of the Office of
Special Masters.
On September 6, 2018, a ruling on entitlement was issued, finding petitioner
entitled to compensation for her SIRVA. On October 3, 2018, respondent filed a proffer
on award of compensation (“Proffer”) indicating petitioner should be awarded
$50,000.00 for pain and suffering. Proffer at 1. In the 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-01385-UNJ Document 36 Filed 12/06/18 Page 2 of 4
record as a whole, the undersigned finds that petitioner is entitled to an award as stated
in the Proffer.
Pursuant to the terms stated in the attached Proffer, the undersigned awards
petitioner a lump sum payment of $50,000.00 for pain and suffering in the form of
a check payable to petitioner, Toni Ragusa. This amount represents compensation
for all damages that would be available under § 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

Case 1:17-vv-01385-UNJ Document 36 Filed 12/06/18 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
)
TONI RAGUSA, )
)
Petitioner, )
) No. 17-1385V (ECF)
v. ) Chief Special Master Dorsey
)
SECRETARY OF HEALTH AND )
HUMAN SERVICES, )
)
Respondent. )
)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
I. Compensation for Vaccine Injury-Related Items
On September 5, 2018, respondent filed his Rule 4(c) Report conceding entitlement in the
above-captioned case. Chief Special Master Dorsey issued a Ruling on Entitlement on September
6, 2018, finding that petitioner was entitled to vaccine compensation for her Shoulder Injury
Related to Vaccine Administration (“SIRVA”). Based on the evidence of record, respondent
proffers that petitioner should be awarded $50,000.00 for pain and suffering. This amount
represents all elements of compensation to which petitioner would be entitled under 42 U.S.C.
§ 300aa-15(a). Petitioner agrees.
II. Form of the Award
Respondent recommends that the compensation provided to petitioner be made through a
lump sum payment of $50,000.00 in the form of a check payable to petitioner.1 Petitioner agrees.
Petitioner is a competent adult. Evidence of guardianship is not required in this case.
1 Should petitioner die prior to the entry of judgment, respondent reserves the right to move
the Court for appropriate relief. In particular, respondent would oppose any award for future
medical expenses, future pain and suffering, and future lost wages.
1

Case 1:17-vv-01385-UNJ Document 36 Filed 12/06/18 Page 4 of 4
Respectfully submitted,
JOSEPH H. HUNT
Assistant Attorney General
C. SALVATORE D’ALESSIO
Acting Director
Torts Branch, Civil Division
CATHARINE E. REEVES
Deputy Director
Torts Branch, Civil Division
ALEXIS B. BABCOCK
Assistant Director
Torts Branch, Civil Division
s/Amy P. Kokot
AMY P. KOKOT
Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146
Ben Franklin Station
Washington, DC 20044-0146
Tel: (202) 616-4118
Dated: October 3, 2018
2