VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-01539
Package ID: USCOURTS-cofc-1_17-vv-01539
Petitioner: Melani Depetro
Filed: 2019-11-25
Decided: 2020-01-07
Vaccine: influenza
Vaccination date: 2016-10-19
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 55701

AI-assisted case summary:
Melani Depetro filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she suffered a shoulder injury related to vaccine administration (SIRVA) resulting from an influenza vaccination on October 19, 2016. The case was assigned to the Special Processing Unit of the Office of Special Masters. A fact ruling found that her symptoms manifested within 48 hours of the vaccination. Respondent conceded that Petitioner suffered SIRVA as defined by the Vaccine Injury Table and satisfied all legal prerequisites for compensation. Based on this concession and the evidence, the court found Petitioner entitled to compensation. Subsequently, a decision awarding damages was issued. Respondent proffered an award of $55,701.85, comprising $55,000.00 for pain and suffering and $701.85 for past out-of-pocket expenses, to which Petitioner agreed. The court awarded Petitioner the lump sum of $55,701.85.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_17-vv-01539-0
Date issued/filed: 2019-05-29
Pages: 4
Docket text: PUBLIC ORDER/RULING (Originally filed: 03/28/2019) regarding 40 Findings of Fact & Conclusions of Law ( Signed by Chief Special Master Nora Beth Dorsey. )(mpj) Service on parties made.
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Case 1:17-vv-01539-UNJ Document 42 Filed 05/29/19 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-1539V
Filed: March 28, 2019
UNPUBLISHED
MELANI DEPETRO,
Special Processing Unit (SPU);
Petitioner, Motion for Fact Ruling; Findings of
v. Fact; Onset; Influenza (Flu) Vaccine;
Shoulder Injury
SECRETARY OF HEALTH
AND HUMAN SERVICES,
Respondent.
Ronald Craig Homer, Conway, Homer, P.C., Boston, MA, for petitioner.
Debra A. Filteau Begley, U.S. Department of Justice, Washington, DC, for respondent.
FACT RULING1
Dorsey, Chief Special Master:
On October 16, 2017, Melani Depetro (“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 an influenza (“flu”)
vaccine she received on October 19, 2016. Petition at 1. The case was assigned to the
Special Processing Unit of the Office of Special Masters. For the reasons discussed
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-01539-UNJ Document 42 Filed 05/29/19 Page 2 of 4
below, the undersigned finds petitioner suffered the onset of her left shoulder injury
within 48 hours after receipt of her October 19, 2016 flu vaccine.
I. Motion for Fact Ruling
On October 4, 2018, respondent filed a Rule 4(c) report contesting petitioner’s
entitlement to vaccine injury compensation. (ECF No. 29). In his report, Respondent
outlined the Vaccine Injury Table criteria for a SIRVA claim:
A vaccine recipient shall be considered to have suffered SIRVA if such
recipient manifests all of the following:
(i) No history of pain, inflammation or dysfunction of the affected shoulder
prior to intramuscular vaccine administration that would explain the alleged
signs, symptoms, examination findings, and/or diagnostic studies occurring
after vaccine injection;
(ii) Pain occurs within the specified time frame (within 48 hours of vaccine
administration);
(iii) Pain and reduced range of motion are limited to the shoulder in which
the intramuscular vaccine was administered; and
(iv) No other condition or abnormality is present that would explain the
patient’s symptoms (e.g. NCS/EMG or clinical evidence of radiculopathy,
brachial neuritis, mononeuropathies, or any other neuropathy).
(Id. at 7 (citing 42 C.F.R. § 100.3(c)).
Respondent “does not contest requirements (i) and (iii-iv)[.]” (Id. at 7).
Respondent argues, however, that petitioner has not met requirement (ii) because she
has not established by preponderant evidence that the onset of her alleged injury
occurred within 48 hours of her October 19, 2016 flu vaccination. (Id. at 7-9).
Respondent’s report also requested that petition provide additional records. (Id. at 2
n.2, 3 n.3, & 7 n.5).
Petitioner was provided time to obtain the requested records and a deadline was
set for petitioner to file a motion for fact ruling as to onset. (ECF No. 30). Petitioner
filed additional evidence including her insurance benefit statements (Ex. 19) and
employment records (Ex. 20). (ECF No. 37).
On February 21, 2019, petitioner filed a Motion for a Fact Ruling as to Onset
(petitioner’s “Motion”). (ECF No. 39). Petitioner argues in her Motion that based on the
medical records, and other evidence, the onset of petitioner’s shoulder injury was within
48 hours of her October 19, 2016 flu vaccination. (Id.).
Respondent filed no response to petitioner’s Motion. Upon review of the
evidence as a whole, the undersigned deems a hearing is not necessary. The motion is
therefore ripe for ruling.
2

Case 1:17-vv-01539-UNJ Document 42 Filed 05/29/19 Page 3 of 4
II. Finding of Fact Regarding Onset
Pursuant to the Vaccine Act, the special master may find the time period for the
first symptom or manifestation of onset required for a Table injury is satisfied “even
though the occurrence of such symptom or manifestation was not recorded or was
incorrectly recorded as having occurred outside such a period.” § 13(b)(2). “Such a
finding may be made only upon demonstration by a preponderance of the evidence that
the onset . . . occurred within the time period described in the Vaccine Injury Table.”
(Id.; accord Tenneson v. HHS, No. 16-1664V, 2018 WL 3083140, at *5 (Fed. Cl. Spec.
Mstr. Mar. 30, 2018) (finding, despite prior records indicating non-tender extremities,
that “respondent unreasonably dismisses petitioner's contemporaneous treatment
records since the records were not created contemporaneously with the onset of
petitioner's shoulder pain.”), mot. for rev. denied, --- Fed. Cl. ---, 2019 WL 1235644
(Feb. 28, 2019)).
The undersigned makes the following finding after a complete review of the
record to include: all medical records and other evidence filed by petitioner, petitioner’s
affidavits, respondent’s Rule 4(c) Report, and petitioner’s Motion.
Based upon the record as a whole, and specifically the evidence cited below, the
undersigned finds petitioner suffered the onset of her left shoulder injury within 48 hours
after the receipt of her October 19, 2016 flu vaccine.
• Prior to petitioner’s October 19, 2016 flu vaccination there is no history in the
record of pain, inflammation, or dysfunction of petitioner’s left shoulder.
• On October 19, 2016, petitioner received an intramuscular flu vaccine in her left
deltoid. (Ex. 1 at 1.)
• Petitioner recalls pain in her left arm beginning the day of the vaccination. (Ex.
11 at 1 (Pet.’s Aff.)).
• Around November 7, 2016, petitioner returned to the employee health nurse who
administered the vaccination and reported her shoulder pain. (Ex. 6 (Aff. of Rick
Beyers, Nurse)).
• On February 6, 2017, petitioner saw Dr. Richard Vermeulen, a physical medicine
and rehabilitation specialist, and reported her left shoulder pain beginning the
day following her flu vaccination. (Ex. 4 at 5-6).
• On March 22, 2017, petitioner saw her primary care physician, Dr. Frederick
Jaecklein, and reported that she had been experiencing left shoulder pain since
the day after her October flu vaccine. (Ex. 2 at 1-2).
• On March 31, 2017, petitioner saw Dr. Jason Doppelt, an orthopedic surgeon,
and reported her left shoulder pain beginning on October 19, 2016. (Ex. 5 at 17-
18).
• On April 25, 2017, petitioner underwent an initial physical therapy evaluation and
reported left shoulder pain beginning immediately following her October 19, 2017
flu vaccination. (Ex. 8 at 1-3).
3

Case 1:17-vv-01539-UNJ Document 42 Filed 05/29/19 Page 4 of 4
III. Scheduling Order
In light of the above finding the parties are directed to engage in
discussions to resolve this claim.
The following is hereby ORDERED: Petitioner shall file a Joint Status
Report by no later than April 30, 2019 indicating whether the parties are interested
in pursuing informal discussions to resolve the claim at this time, or if they wish
to pursue alternative proceedings.
IT IS SO ORDERED.
s/Nora Beth Dorsey
Nora Beth Dorsey
Chief Special Master
4

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DOCUMENT 2: USCOURTS-cofc-1_17-vv-01539-1
Date issued/filed: 2020-01-06
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 11/25/2019) regarding 53 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:17-vv-01539-UNJ Document 57 Filed 01/06/20 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-1539V
UNPUBLISHED
MELANI DEPETRO, Chief Special Master Corcoran
Petitioner, Filed: November 25, 2019
v.
Special Processing Unit (SPU);
SECRETARY OF HEALTH AND Ruling on Entitlement; Concession;
HUMAN SERVICES, Table Injury; Influenza (Flu) Vaccine;
Shoulder Injury Related to Vaccine
Respondent. Administration (SIRVA)
Ronald Craig Homer, Conway, Homer, P.C., Boston, MA, for petitioner.
Debra A. Filteau Begley, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
On October 16, 2019, Melani Depetro 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 that she suffered a shoulder injury related to
vaccine administration (“SIRVA”) resulting from the influenza vaccination on October 19,
2016. Petition at 1. Petitioner further alleges that she received the influenza
vaccination in the United States, that she suffered the residual effects of her injury for
more than six months, and that neither she nor any other party has received
compensation for her injury, alleged as vaccine caused. Id. at ¶¶ 16-18. 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, I am
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 ruling 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, I agree that the identified material fits within this definition, I 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-01539-UNJ Document 57 Filed 01/06/20 Page 2 of 2
On March 28, 2019, Special Master Dorsey (to whom this case was previously
assigned)3 issued a fact ruling, finding there is preponderant evidence to establish that
petitioner’s manifestation of onset after vaccine administration occurred within 48 hours.
Fact Ruling at 1-2, ECF No. 40.
Respondent has filed an amended Rule 4(c) report and proffer indicating that “[i]n
light of the former Chief Special Master’s Finding of Fact Ruling, and the medial
evidence submitted in this case, DICP has concluded that petitioner suffered SIRVA as
defined by the Vaccine Injury Table.” Amended Rule 4(c) Report and Proffer, filed Nov.
22, 2019, at 2-3, ECF No. 52. Respondent adds that “based on the record as it now
stands and subject to his right to appeal the Fact Ruling, respondent does not dispute
that petitioner has satisfied all legal prerequisites for compensation under the Act.” Id.
at 3.
In view of Respondent’s position and the evidence of record, I find that
Petitioner is entitled to compensation.
IT IS SO ORDERED.
s/Brian H. Corcoran
Brian H. Corcoran
Chief Special Master
3 On October 1, 2019, former Chief Special Master Dorsey stepped down as Chief Special Master but
continues to adjudicate vaccine cases as Special Master Dorsey. The majority of SPU cases were
reassigned to Chief Special Master Corcoran.
2

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DOCUMENT 3: USCOURTS-cofc-1_17-vv-01539-2
Date issued/filed: 2020-01-07
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 11/25/2019) regarding 54 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (ypb) Service on parties made.
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Case 1:17-vv-01539-UNJ Document 58 Filed 01/07/20 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-1539V
UNPUBLISHED
MELANI DEPETRO, Chief Special Master Corcoran
Petitioner, Filed: November 25, 2019
v.
Special Processing Unit (SPU);
SECRETARY OF HEALTH AND Damages Decision Based on Proffer;
HUMAN SERVICES, Influenza (Flu) Vaccine; Shoulder
Injury Related to Vaccine
Respondent. Administration (SIRVA)
Ronald Craig Homer, Conway, Homer, P.C., Boston, MA, for petitioner.
Debra A. Filteau Begley, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
On October 16, 2019, Melani Depetro 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 that she suffered a shoulder injury related to
vaccine administration (“SIRVA”) resulting from the influenza vaccination on October 19,
2016. Petition at 1. The case was assigned to the Special Processing Unit of the Office
of Special Masters.
On November 25, 2019, a ruling on entitlement was issued, finding Petitioner
entitled to compensation for her SIRVA. On November 22, 2019, Respondent filed an
amended Rule 4(c) report and proffer on award of compensation (“Amended Rule 4(c)
1 Because this unpublished ruling contains a reasoned explanation for the action in this case, I am
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 ruling 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, I agree that the identified material fits within this definition, I 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-01539-UNJ Document 58 Filed 01/07/20 Page 2 of 2
Report and Proffer”)3 indicating Petitioner should be awarded $55,701.85, representing
$55,000.00 for Petitioner’s pain and suffering and $701.85 for Petitioner’s past out-of-
pocket expenses. Amended Rule 4(c) Report and Proffer at 3, ECF 52. In the Proffer,
Respondent represented that Petitioner agrees with the proffered award. Id. Based on
the record as a whole, I find that Petitioner is entitled to an award as stated in the
Proffer.
Pursuant to the terms stated in the attached Proffer, I award Petitioner a lump
sum payment of $55,701.85, representing $55,000.00 for Petitioner’s pain and
suffering and $701.85 for Petitioner’s actual unreimbursable epenses in the form
of a check payable to Petitioner. 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.4
IT IS SO ORDERED.
s/Brian H. Corcoran
Brian H. Corcoran
Chief Special Master
3 The combined Rule 4 report and proffer contains information regarding Petitioner’s personal medical
history which is not generally included in a proffer, when separately filed. Thus, I will not attach the
proffer to the decision in this case.
4 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