VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_18-vv-00031
Package ID: USCOURTS-cofc-1_18-vv-00031
Petitioner: Prescilla Laurilla
Filed: 2019-02-14
Decided: 2020-08-13
Vaccine: Tdap
Vaccination date: 2015-02-24
Condition: Shoulder Injury Related to Vaccine Administration (SIRVA)
Outcome: compensated
Award amount USD: 95000

AI-assisted case summary:
Prescilla Laurilla filed a petition for compensation under the National Vaccine Injury Compensation Program alleging she suffered a Shoulder Injury Related to Vaccine Administration (SIRVA) as a result of her Tdap vaccination on February 24, 2015. The respondent conceded that her injury was consistent with SIRVA as defined on the Vaccine Injury Table. The respondent noted that Ms. Laurilla had no prior history of shoulder issues, her pain occurred within 48 hours of the vaccination, was limited to the injection site, and no other condition explained her symptoms. Furthermore, her condition resulted in residual effects for more than six months. Based on the respondent's concession and the evidence, the court found Ms. Laurilla entitled to compensation. Subsequently, the parties submitted a proffer agreeing to an award of $95,000 for pain and suffering. The court awarded this lump sum payment to Ms. Laurilla, representing compensation for all damages available under the Act.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_18-vv-00031-0
Date issued/filed: 2019-04-10
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 02/14/2019) regarding 29 Ruling on Entitlement ( Signed by Chief Special Master Nora Beth Dorsey. )(mpj) Service on parties made.
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Case 1:18-vv-00031-UNJ Document 32 Filed 04/10/19 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 18-31V
Filed: February 14, 2019
UNPUBLISHED
PRESCILLA LAURILLA,
Petitioner, Special Processing Unit (SPU);
v. Ruling on Entitlement; Concession;
Table Injury; Tetanus Diphtheria
SECRETARY OF HEALTH AND acellular Pertussis (Tdap) Vaccine;
HUMAN SERVICES, Shoulder Injury Related to Vaccine
Administration (SIRVA)
Respondent.
Brian L. Cinelli, Marcus & Cinelli, LLP, Williamsville, NY, for petitioner.
Jeffrey T. Sprague, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
Dorsey, Chief Special Master:
On January 5, 2018, 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 petitioner suffered a Shoulder Injury Related to
Vaccine Administration (SIRVA) as a result of her February 24, 2015 tetanus,
diphtheria, acellular Pertussis, (“Tdap”) vaccination. Petition at 1, 14-15. 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 1:18-vv-00031-UNJ Document 32 Filed 04/10/19 Page 2 of 2
On February 12, 2019, 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 indicates that he
has reviewed the petition and medical records filed in this case, and has
concluded that petitioner’s alleged injury is consistent with a shoulder
injury related to vaccine administration (“SIRVA”) as defined on the
Vaccine Injury Table.3 Specifically, petitioner had no history of pain,
inflammation, or dysfunction of her left shoulder; pain occurred within 48
hours after the flu vaccine was administered; pain was limited to the
shoulder in which the vaccine was administered; and no other condition or
abnormality has been identified to explain petitioner’s shoulder pain. See
42 C.F.R. §§ 100.3(a); 42 C.F.R. 100.3(c)(10). Additionally, based on the
medical records outlined above, petitioner suffered the residual effects of
her condition for more than six months. Therefore, based on the record as
it now stands, petitioner has satisfied all legal prerequisites for
compensation under the Act. See 42 U.S.C. § 300aa-13(a)(1)(B); 42
U.S.C. § 300aa-11(c)(1)(D)(I).
Id. at 11-12.
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
3 42 C.F.R. § 100.3(e)(1); 82 Fed. Reg. 11321 (Feb. 22, 2017) (announcing “that the effective date is
delayed until March 21, 2017”).

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DOCUMENT 2: USCOURTS-cofc-1_18-vv-00031-1
Date issued/filed: 2020-08-13
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 07/13/2020) regarding 59 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:18-vv-00031-UNJ Document 63 Filed 08/13/20 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 18-31V
UNPUBLISHED
PRESCILLA LAURILLA, Chief Special Master Corcoran
Petitioner, Filed: July 13, 2020
v.
Special Processing Unit (SPU);
SECRETARY OF HEALTH AND Damages Decision Based on Proffer;
HUMAN SERVICES, Tetanus Diphtheria acellular
Pertussis (Tdap) Vaccine; Shoulder
Respondent. Injury Related to Vaccine
Administration (SIRVA)
Brian L. Cinelli, Marcus & Cinelli, LLP, Williamsville, NY, for petitioner.
James Vincent Lopez, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
On January 5, 2018, Prescilla Laurilla 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 Shoulder Injury Related to Vaccine
Administration (“SIRVA”) as a result of her February 24, 2015 Tetanus Diphtheria
acellular Pertussis (“Tdap”) vaccination. Petition at 1, 14-15. The case was assigned to
the Special Processing Unit of the Office of Special Masters.
On February 14, 2019, a ruling on entitlement was issued, finding Petitioner
entitled to compensation for SIRVA. On July 10, 2020, Respondent filed a proffer on
award of compensation (“Proffer”) indicating Petitioner should be awarded $95,000 (this
amount constitutes damages for pain and suffering). Proffer at 1. In the Proffer,
1 Because this unpublished decision 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 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, 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 1:18-vv-00031-UNJ Document 63 Filed 08/13/20 Page 2 of 4
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 $95,000 (this amount constitutes damages for pain and suffering)
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.3
IT IS SO ORDERED.
s/Brian H. Corcoran
Brian H. Corcoran
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 1:18-vv-00031-UNJ Document 63 Filed 08/13/20 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
___________________________________
)
PRESCILLA LAURILLA, )
)
Petitioner, )
) No. 18-31V
v. ) Chief Special Master Corcoran
) ECF
SECRETARY OF HEALTH AND )
HUMAN SERVICES, )
)
Respondent. )
____________________________________)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
I. Compensation for Vaccine Injury-Related Items
On February 12, 2019, respondent filed a Rule 4(c) Report conceding that petitioner is
entitled to vaccine compensation for her Shoulder Injury Related to Vaccine Administration
(“SIRVA”) injury suffered following receipt of a tetanus, diphtheria, and acellular pertussis
(“Tdap”) vaccination on February 24, 2015. On February 14, 2019, a Ruling on Entitlement,
adopting respondent’s recommendation, was issued.
Based upon the evidence of record, respondent proffers that petitioner1 should be
awarded $95,000. This amount constitutes damages for pain and suffering, and represents all
elements of compensation to which petitioner would be entitled under 42 U.S.C. § 300aa-15(a).2
Petitioner agrees.
1 Petitioner is a competent adult, therefore evidence of guardianship is not required in this case.
2 Should Petitioner die prior to entry of judgment, the parties reserve the right to move the Court
for appropriate relief.

Case 1:18-vv-00031-UNJ Document 63 Filed 08/13/20 Page 4 of 4
II. Form of the Award
Respondent recommends that the compensation provided to petitioner should be made
through:
a lump sum of $95,000 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).
Petitioner agrees.
Respectfully submitted,
ETHAN P. DAVIS
Acting Assistant Attorney General
C. SALVATORE D’ALESSIO
Acting Director
Torts Branch, Civil Division
CATHARINE E. REEVES
Deputy Director
Torts Branch, Civil Division
GABRIELLE M. FIELDING
Assistant Director
Torts Branch, Civil Division
s/ JAMES V. LOPEZ
James V. Lopez
Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146, Ben Franklin Station
Washington, D.C. 20044-0146
Tel: (202) 616-3655
Fax: (202) 616-4310
Email: james.lopez@usdoj.gov
Dated: July 10, 2020