VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-02002
Package ID: USCOURTS-cofc-1_17-vv-02002
Petitioner: Ramona Dicomo
Filed: 2017-12-21
Decided: 2019-04-10
Vaccine: influenza
Vaccination date: 2015-12-22
Condition: left shoulder injury
Outcome: compensated
Award amount USD: 73149

AI-assisted case summary:
Ramona Dicomo filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she suffered a left shoulder injury caused by an influenza vaccine she received on December 22, 2015. The case was assigned to the Special Processing Unit. On November 14, 2018, a ruling on entitlement was issued, finding Ms. Dicomo entitled to compensation. The respondent conceded that her claim met the Table criteria for Shoulder Injury Related to Vaccine Administration (SIRVA), noting that she had no prior shoulder issues, experienced pain and reduced range of motion within 48 hours of the vaccine, and these symptoms were limited to the injection site. The respondent also confirmed the claim was timely filed, the vaccine was received in the United States, and the injury had residual effects for more than six months. Based on the respondent's concession and the evidence, the court found Ms. Dicomo entitled to compensation. Subsequently, on February 7, 2019, the respondent filed a proffer on award of compensation, indicating Ms. Dicomo should be awarded $73,149.02, consisting of $70,000.00 for pain and suffering and $3,149.02 for past unreimbursable expenses. Ms. Dicomo agreed with this proffered award. The Chief Special Master issued a decision awarding Ms. Dicomo the stipulated lump sum payment of $73,149.02.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_17-vv-02002-0
Date issued/filed: 2019-04-10
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 02/08/2019) regarding 30 DECISION Stipulation/Proffer, ( Signed by Chief Special Master Nora Beth Dorsey. )(mpj) Service on parties made.
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Case 1:17-vv-02002-UNJ Document 39 Filed 04/10/19 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-2002V
Filed: February 8, 2019
UNPUBLISHED
RAMONA DICOMO,
Petitioner,
Special Processing Unit (SPU);
v.
Damages Decision Based on Proffer;
Influenza (Flu) Vaccine; Shoulder
SECRETARY OF HEALTH
Injury Related to Vaccine
AND HUMAN SERVICES,
Administration (SIRVA)
Respondent.
Carol L. Gallagher, Linwood, NY, for petitioner.
Christine Mary Becer, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
Dorsey, Chief Special Master:
On December 21, 2017, Ramona Dicomo (“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 left
shoulder injury that was caused by an influenza (“flu”) vaccine she received on
December 22, 2015. Petition at 1. The case was assigned to the Special Processing
Unit of the Office of Special Masters.
On November 14, 2018, a ruling on entitlement was issued, finding petitioner
entitled to compensation. On February 7, 2019, respondent filed a proffer on award of
compensation (“Proffer”) indicating petitioner should be awarded $73,149.02
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-02002-UNJ Document 39 Filed 04/10/19 Page 2 of 2
($70,000.00 for pain and suffering and $3,149.02 for past unreimbursable expenses).
Proffer at 1. In the Proffer, respondent represented that petitioner agrees with the
proffered award. Based on the record as a whole, the undersigned finds that petitioner
is entitled to an award as stated in the Proffer. Id.
Pursuant to the terms stated in the attached Proffer, the undersigned awards
petitioner a lump sum payment of $73,149.02 ($70,000.00 for pain and suffering and
$3,149.02 for past unreimbursable expenses) in the form of a check payable to
petitioner, Ramona Dicomo. 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

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DOCUMENT 2: USCOURTS-cofc-1_17-vv-02002-1
Date issued/filed: 2019-04-16
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 11/14/2018) regarding 23 Ruling on Entitlement (Signed by Chief Special Master Nora Beth Dorsey. )(mpj) Service on parties made.
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Case 1:17-vv-02002-UNJ Document 40 Filed 04/16/19 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-2002V
Filed: November 14, 2018
UNPUBLISHED
RAMONA DICOMO,
Petitioner, Special Processing Unit (SPU);
v. Ruling on Entitlement; Concession;
Table Injury; Influenza (Flu) Vaccine;
SECRETARY OF HEALTH Shoulder Injury Related to Vaccine
AND HUMAN SERVICES, Administration (SIRVA)
Respondent.
Carol L. Gallagher, Lindwood, NJ, for petitioner.
Christine Mary Becer, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
Dorsey, Chief Special Master:
On December 21, 2017, Ramona Dicomo (“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 left
shoulder injury that was caused by an influenza (“flu”) vaccine she received on
December 22, 2015. Petition at 1. 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-02002-UNJ Document 40 Filed 04/16/19 Page 2 of 2
On November 14, 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 states that petitioner’s claim meets the Table
criteria for SIRVA. “Specifically, petitioner had 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; she suffered the onset of pain within forty-eight
hours of vaccine administration; her pain and reduced range of motion were limited to
the shoulder in which the intramuscular vaccine was administered; and there is no other
condition or abnormality present that would explain petitioner’s symptoms. Therefore,
petitioner is entitled to a presumption of vaccine causation.” Id. at 3. Respondent
further agrees that “the records show that the case was timely filed, that the vaccine
was received in the United States, and that petitioner satisfies the statutory severity
requirement by suffering the residual effects or complications of her injury for more than
six months after vaccine administration.” 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