VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_18-vv-00172 Package ID: USCOURTS-cofc-1_18-vv-00172 Petitioner: Gloria Manetta Filed: 2018-02-02 Decided: 2020-05-19 Vaccine: pneumococcal conjugate Vaccination date: 2015-06-23 Condition: Shoulder Injury Related to Vaccine Administration (“SIRVA”) Outcome: compensated Award amount USD: 50000 AI-assisted case summary: Gloria Manetta filed a petition for compensation under the National Vaccine Injury Program on February 2, 2018, alleging she suffered a Shoulder Injury Related to Vaccine Administration (SIRVA) after receiving a pneumococcal conjugate vaccine on June 23, 2015. The respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused her alleged injuries but agreed to a settlement. The parties entered into a stipulation for an award, agreeing that the case should be settled. As part of the stipulation, the respondent agreed to compensate Ms. Manetta. The court adopted the stipulation, awarding Ms. Manetta a lump sum of $50,000.00. This amount was intended to cover all damages, including pain and suffering and past unreimbursable expenses. The decision was filed on May 19, 2020, and judgment was entered in accordance with the stipulation. Petitioner's counsel was Christina Ciampolillo of Conway, Homer, P.C., and respondent's counsel was Adriana R. Teitel of the U.S. Department of Justice. Special Master Thomas L. Gowen issued the decision. Theory of causation field: Petitioner Gloria Manetta received a pneumococcal conjugate vaccine on June 23, 2015, and alleged a Shoulder Injury Related to Vaccine Administration (SIRVA). The respondent denied causation by the flu vaccine but agreed to a stipulation for settlement. The parties stipulated to an award of $50,000.00, intended to cover all damages, including pain and suffering and past unreimbursable expenses, under 42 U.S.C. § 300aa-15(a). The theory of causation is based on the Vaccine Injury Table. Special Master Thomas L. Gowen issued the decision on May 19, 2020. Petitioner was represented by Christina Ciampolillo of Conway, Homer, P.C., and respondent was represented by Adriana R. Teitel of the U.S. Department of Justice. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_18-vv-00172-0 Date issued/filed: 2020-06-18 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 5/19/2020) regarding 51 DECISION Stipulation/Proffer. Signed by Special Master Thomas L. Gowen. (hs) Service on parties made. -------------------------------------------------------------------------------- Case 1:18-vv-00172-UNJ Document 55 Filed 06/18/20 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS Filed: May 19, 2020 * * * * * * * * * * * * * GLORIA MANETTA, * UNPUBLISHED * Petitioner, * No. 18-172V * v. * Special Master Gowen * SECRETARY OF HEALTH * Stipulation for Award; AND HUMAN SERVICES, * Pneumococcal conjugate; * Shoulder Injury Related to * Vaccine Administration (“SIRVA”). Respondent. * * * * * * * * * * * * * * Christina Ciampolillo, Conway, Homer, P.C., Boston, MA, for petitioner. Adriana R. Teitel, U.S. Department of Justice, Washington, D.C., for respondent. DECISION FOR STIPULATION1 On February 2, 2018, Gloria Manetta (“petitioner”), filed a petition for compensation under the National Vaccine Injury Program.2 Petition at Preamble (ECF No. 1). Petitioner received a pneumococcal conjugate vaccine on June 23, 2015. Stipulation at ¶ 2 (ECF No. 50). Petitioner alleges that as a result of receiving the pneumococcal conjugate vaccine, she suffered a Shoulder Injury Related to Vaccine Administration (“SIRVA”). Id.; Stipulation at ¶ 4. On May 19, 2020, respondent filed a stipulation providing that a decision should be entered awarding compensation to petitioner. Respondent denies that the flu vaccine is the cause of petitioner’s alleged injuries, or any other injury or her current condition. Id. at ¶ 6. Nevertheless, maintaining their respective positions, the parties now agree that the issues between them shall be settled and that a decision should be entered awarding the compensation 1 Pursuant to the E-Government Act of 2002, see 44 U.S.C. § 3501 note (2012), because this opinion contains a reasoned explanation for the action in this case, I am required to post it on the website of the United States Court of Federal Claims. The court’s website is at http://www.uscfc.uscourts.gov/aggregator/sources/7. This means the opinion will be available to anyone with access to the Internet. Before the opinion is posted on the court’s website, each party has 14 days to file a motion requesting redaction “of any information furnished by that party: (1) that is a trade secret or commercial or financial in substance and is privileged or confidential; or (2) that includes medical files or similar files, the disclosure of which would constitute a clearly unwarranted invasion of privacy.” Vaccine Rule 18(b). “An objecting party must provide the court with a proposed redacted version of the decision.” Id. If neither party files a motion for redaction within 14 days, the opinion will be posted on the court’s website without any changes. Id. 2 The National Vaccine Injury Compensation Program is set forth in Part 2 of the National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755, codified as amended, 42 U.S.C. §§ 300aa-1 to -34 (2012) (Vaccine Act or the Act). All citations in this decision to individual sections of the Vaccine Act are to 42 U.S.C.A. § 300aa. Case 1:18-vv-00172-UNJ Document 55 Filed 06/18/20 Page 2 of 7 to the petitioner according to the terms of the stipulation attached hereto as Appendix A. Id. at ¶ 7. The stipulation provides: 1) A lump sum of $50,000.00, in the form of a check payable to petitioner. This amount represents compensation for all damages, including pain and suffering and past unreimbursable expenses that would be available under 42 U.S.C. § 300aa-15(a). I adopt the parties’ stipulation attached hereto, and award compensation in the amount and on the terms set forth therein. The Clerk of the Court SHALL ENTER JUDGMENT in accordance with the terms of the parties’ stipulation.3 IT IS SO ORDERED. s/Thomas L. Gowen Thomas L. Gowen Special Master 3 Entry of judgment is expediated by each party’s filing notice renouncing the right to seek review. Vaccine Rule 11(a). 2 Case 1:18-vv-00172-UNJ Document 55 Filed 06/18/20 Page 3 of 7 Case 1:18-vv-00172-UNJ Document 55 Filed 06/18/20 Page 4 of 7 Case 1:18-vv-00172-UNJ Document 55 Filed 06/18/20 Page 5 of 7 Case 1:18-vv-00172-UNJ Document 55 Filed 06/18/20 Page 6 of 7 Case 1:18-vv-00172-UNJ Document 55 Filed 06/18/20 Page 7 of 7