VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-01893
Package ID: USCOURTS-cofc-1_17-vv-01893
Petitioner: Janice Romano
Filed: 2017-12-06
Decided: 2019-03-18
Vaccine: influenza
Vaccination date: 2017-01-05
Condition: right shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 95000

AI-assisted case summary:
On December 6, 2017, Janice Romano filed a Vaccine Program petition after receiving an influenza vaccine on January 5, 2017. She alleged that the flu shot caused a right shoulder injury related to vaccine administration, or SIRVA, and the matter was assigned to the Special Processing Unit.

The available public decisions do not set out a detailed medical treatment history, but they do describe respondent's concession. On December 3, 2018, respondent filed a Rule 4(c) report concluding that a preponderance of the evidence established that Romano's right shoulder injury was caused in fact by the flu vaccination. Chief Special Master Nora Beth Dorsey accepted that position and, on December 7, 2018, found Romano entitled to compensation.

After entitlement was granted, respondent filed a damages proffer on March 15, 2019. Romano agreed with the proposed award. On March 18, 2019, Chief Special Master Dorsey awarded a lump sum of $95,000.00, payable to Janice Romano, representing all damages available under section 15(a). Romano was represented by Leah VaSahnja Durant of the Law Offices of Leah V. Durant, PLLC.

Theory of causation field:
Influenza vaccine (January 5, 2017) causing right shoulder injury related to vaccine administration (SIRVA). COMPENSATED. Respondent conceded causation-in-fact in a Rule 4(c) report, stating that a preponderance of the evidence established that the flu vaccine caused Romano's right shoulder injury. Entitlement granted by Chief Special Master Nora Beth Dorsey on December 7, 2018; damages awarded March 18, 2019. Award: $95,000.00 lump sum payable to Janice Romano for all section 15(a) damages. Attorney: Leah VaSahnja Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_17-vv-01893-0
Date issued/filed: 2019-01-17
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 12/07/2018) regarding 25 Ruling on Entitlement ( Signed by Chief Special Master Nora Beth Dorsey. )(mpj) Service on parties made.
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Case 1:17-vv-01893-UNJ Document 28 Filed 01/17/19 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-1893V
Filed: December 7, 2018
UNPUBLISHED
JANICE ROMANO,
Petitioner, Special Processing Unit (SPU);
v. Ruling on Entitlement; Concession;
Causation-In-Fact; Influenza (Flu)
SECRETARY OF HEALTH AND Vaccine; Shoulder Injury Related to
HUMAN SERVICES, Vaccine Administration (SIRVA)
Respondent.
Leah VaSahnja Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC, for
petitioner.
Daniel Anthony Principato, U.S. Department of Justice, Washington, DC, for
respondent.
RULING ON ENTITLEMENT1
Dorsey, Chief Special Master:
On December 6, 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 received an influenza (“flu”) vaccination on
January 5, 2017, and thereafter suffered from a right shoulder injury related to vaccine
administration (“SIRVA”). Petition at 1-2. The case was assigned to the Special
Processing Unit of the Office of Special Masters.
1 The undersigned intends to post this ruling on the United States Court of Federal Claims' website. 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, the undersigned
agrees that the identified material fits within this definition, the undersigned will redact such material from
public access. Because this unpublished ruling 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-01893-UNJ Document 28 Filed 01/17/19 Page 2 of 2
On December 3, 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 concluded that a preponderance of evidence
stablishes that petitioner’s injury was caused-in-fact by the administration of the flu
vaccine Id. at 3.
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-01893-1
Date issued/filed: 2019-05-15
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 03/18/2019) regarding 33 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey. )(mpj) Service on parties made.
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Case 1:17-vv-01893-UNJ Document 37 Filed 05/15/19 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-1893V
Filed: March 18, 2019
UNPUBLISHED
JANICE ROMANO,
Petitioner,
Special Processing Unit (SPU);
v.
Damages Decision Based on Proffer;
Influenza (Flu) Vaccine; Shoulder
SECRETARY OF HEALTH AND
Injury Related to Vaccine
HUMAN SERVICES,
Administration (SIRVA)
Respondent.
Leah VaSahnja Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC, for
petitioner.
Daniel Anthony Principato, U.S. Department of Justice, Washington, DC, for
respondent.
DECISION AWARDING DAMAGES1
Dorsey, Chief Special Master:
On December 6, 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 right shoulder injury related to
vaccine administration (“SIRVA”) following an influenza (“flu”) vaccination administered
on January 5, 2017. Petition at 1-2. The case was assigned to the Special Processing
Unit of the Office of Special Masters.
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-01893-UNJ Document 37 Filed 05/15/19 Page 2 of 2
On December 7, 2018, a ruling on entitlement was issued, finding petitioner
entitled to compensation for a SIRVA. On March 15, 2019, respondent filed a proffer on
award of compensation (“Proffer”) indicating petitioner should be awarded $95,000.00.
Proffer at 1. In the Proffer, respondent represented that petitioner agrees with the
proffered award. Id. Based on the 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 $95,000.00 in the form of a check payable to
petitioner, Janice Romano. 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