VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_18-vv-00350
Package ID: USCOURTS-cofc-1_18-vv-00350
Petitioner: Kathleen Gullo
Filed: 2018-03-07
Decided: 2019-08-14
Vaccine: influenza
Vaccination date: 2016-10-13
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 131960

AI-assisted case summary:
Kathleen Gullo filed a petition for compensation under the National Vaccine Injury Compensation Program on March 7, 2018, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccination on October 13, 2016. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on March 4, 2019, conceding that Ms. Gullo was entitled to compensation. The respondent noted that Ms. Gullo had no prior history of shoulder issues, her pain began within 48 hours of the vaccine, the pain was localized to the injection site, and no other condition explained her shoulder pain. The respondent also agreed that her condition had residual effects for more than six months and that she met all legal requirements for compensation. Chief Special Master Nora Beth Dorsey issued a ruling on entitlement on March 4, 2019, finding Ms. Gullo entitled to compensation based on the respondent's concession. Subsequently, the parties reached a stipulation for damages. On May 21, 2019, the respondent filed a proffer on the award of compensation, which Ms. Gullo agreed to. Chief Special Master Dorsey issued a decision on August 14, 2019, awarding Ms. Gullo a total of $131,960.96. This award comprised $130,000.00 for pain and suffering, paid as a check to Ms. Gullo, and $1,960.96 to satisfy a State of California Medicaid lien, paid as a check jointly to Ms. Gullo and the Department of Health Care Services. Ms. Gullo agreed to endorse the check for the Medicaid lien. The public decision does not describe the specific onset of symptoms, medical tests, treatments, or the mechanism of injury beyond it being a SIRVA. Petitioner counsel was Bridget Candace McCullough of Muller Brazil, LLP, and respondent counsel was Jeffrey T. Sprague of the U.S. Department of Justice.

Theory of causation field:
Petitioner Kathleen Gullo alleged a shoulder injury related to vaccine administration (SIRVA) following an influenza vaccination on October 13, 2016. The respondent conceded entitlement, agreeing that the injury was a Table injury. The respondent's concession was based on the petitioner having no prior shoulder issues, pain onset within 48 hours of vaccination, localized pain to the injection site, and no other identified cause for the pain. The condition had residual effects for more than six months. The case proceeded as a Table injury claim, and the public text does not detail specific medical experts, competing medical theories, or a detailed mechanism of injury beyond the general category of SIRVA. The award was a stipulation for damages totaling $131,960.96, consisting of $130,000.00 for pain and suffering and $1,960.96 to satisfy a State of California Medicaid lien. The decision was issued by Chief Special Master Nora Beth Dorsey, with petitioner represented by Bridget Candace McCullough and respondent by Jeffrey T. Sprague.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_18-vv-00350-0
Date issued/filed: 2019-04-24
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 03/04/2019) regarding 30 Ruling on Entitlement ( Signed by Chief Special Master Nora Beth Dorsey. )(mpj) Service on parties made.
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Case 1:18-vv-00350-UNJ Document 36 Filed 04/24/19 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 18-0350V
Filed: March 4, 2019
UNPUBLISHED
KATHLEEN GULLO,
Special Processing Unit (SPU);
Petitioner, Ruling on Entitlement; Concession;
v. Table Injury; Influenza (Flu) Vaccine;
Shoulder Injury Related to Vaccine
SECRETARY OF HEALTH AND Administration (SIRVA)
HUMAN SERVICES,
Respondent.
Bridget Candace McCullough, Muller Brazil, LLP, Dresher, PA, for petitioner.
Jeffrey T. Sprague, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
Dorsey, Chief Special Master:
On March 7, 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 she suffered a shoulder injury related to vaccine
administration (“SIRVA”) as a result of an influenza vaccination received on October 13,
2016. Petition at 1. The case was assigned to the Special Processing Unit of the Office
of Special Masters.
On March 4, 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 states that petitioner had no history of pain, inflammation,
or dysfunction of her left shoulder; pain occurred within 48 hours after the flu vaccine
1 Because this unpublished ruling contains a reasoned explanation for the action in this case, the
undersigned intends 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). 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.
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-00350-UNJ Document 36 Filed 04/24/19 Page 2 of 2
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 Id. at 6. Respondent further agrees that petitioner has
suffered the residual effects of her condition for more than six months and has satisfied
all legal prerequisites for compensation under the Act. 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

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DOCUMENT 2: USCOURTS-cofc-1_18-vv-00350-1
Date issued/filed: 2019-08-14
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 05/21/2019) regarding 39 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey. )(mpj) Service on parties made.
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Case 1:18-vv-00350-UNJ Document 49 Filed 08/14/19 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 18-0350V
Filed: May 21, 2019
UNPUBLISHED
KATHLEEN GULLO,
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.
Bridget Candace McCullough, Muller Brazil, LLP, Dresher, PA, for petitioner.
Jeffrey T. Sprague, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
Dorsey, Chief Special Master:
On March 7, 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 she suffered a shoulder injury related to vaccine
administration (“SIRVA”) as a result of an influenza vaccination received on October 13,
2016. Petition at 1. The case was assigned to the Special Processing Unit of the Office
of Special Masters.
On March 4, 2019, a ruling on entitlement was issued, finding petitioner entitled
to compensation for her SIRVA. On May 21, 2019, respondent filed a proffer on award
of compensation (“Proffer”) indicating petitioner should be awarded $130,000.00 in the
form of a check payable to petitioner and $1,960.96, representing compensation for
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 1:18-vv-00350-UNJ Document 49 Filed 08/14/19 Page 2 of 5
satisfaction of the State of California Medicaid lien, in the form set forth below. Proffer
at 1-2. 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 $130,000.00 in the form of a check payable to
petitioner, Kathleen Gullo, and a lump sum payment of $1,960.96, representing
compensation for satisfaction of the State of California Medicaid lien, in the form
of a check payable jointly to petitioner and:
Department of Health Care Services
Recovery Branch – MS 4720
P.O. Box 997421
Sacramento, CA 95899-7421
(Ref# C96013915D-VAC03)
Petitioner agrees to endorse a check to the State of California for satisfaction of the
Medicaid lien.
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

Case 1:18-vv-00350-UNJ Document 49 Filed 08/14/19 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
___________________________________
)
KATHLEEN GULLO, )
)
Petitioner, ) No. 18-350V ECF
)
v. ) Chief Special Master Dorsey
)
SECRETARY OF HEALTH )
AND HUMAN SERVICES, )
)
Respondent. )
___________________________________ )
PROFFER ON AWARD OF COMPENSATION1
I. Procedural History
On March 7, 2018, Kathleen Gullo (“petitioner”) filed a petition for compensation
(“petition”) under the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-1 to -
34, as amended. She alleges that, as a result of receiving the influenza vaccine on October 13,
2016, she suffered from a left shoulder injury related to vaccine administration (“SIRVA”).
Petition. On March 4, 2019, respondent filed his Vaccine Rule 4(c) report, conceding SIRVA as
a Table injury. On March 4, 2019, the Chief Special Master issued a ruling on entitlement,
finding that petitioner was entitled to compensation for SIRVA.
II. Items of Compensation
A. Pain and Suffering
Based upon the evidence of record, respondent proffers that petitioner should be awarded
a lump sum of $130,000.00 for pain and suffering, paid in the form of a check to petitioner.
1 This Proffer does not include attorneys’ fees and costs, which the parties intend to
address after the Damages Decision is issued.

Case 1:18-vv-00350-UNJ Document 49 Filed 08/14/19 Page 4 of 5
B. Medicaid Lien
Respondent proffers that petitioner should be awarded funds to satisfy the
State of California Medicaid lien in the amount of $1,960.96, which represents
full satisfaction of any right of subrogation, assignment, claim, lien, or cause of action the
State of California may have against any individual as a result of any Medicaid
payments the State of California has made to or on behalf of petitioner from the
date of her eligibility for benefits through the date of judgment in this case as a result of her
vaccine-related injury suffered on or about October 13, 2016 under Title XIX of the Social
Security Act.
These amounts represent all elements of compensation to which petitioner would be
entitled under 42 U.S.C. § 300aa-15(a). Petitioner agrees.
III. Form of the Award
Respondent recommends that the compensation provided to petitioner should be made
through a combination of lump sum payments as described below, and requests that the special
master’s decision and the Court’s judgment award the following:
A. A lump sum payment of $130,000.00 in the form of a check payable to petitioner;
and
B. A lump sum payment of $1,960.96, representing compensation for satisfaction of the
State of California Medicaid lien, in the form of a check payable jointly to petitioner
and:
2

Case 1:18-vv-00350-UNJ Document 49 Filed 08/14/19 Page 5 of 5
Department of Health Care Services
Recovery Branch - MS 4720
P.O. Box 997421
Sacramento, CA 95899-7421
(Ref# C96013915D-VAC03)
Petitioner agrees to endorse a check to the State of California for satisfaction of the
Medicaid lien.2
Petitioner is a competent adult. Evidence of guardianship is not required in this case.
Respectfully submitted,
JOSEPH H. HUNT
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/Jeffrey T. Sprague
JEFFREY T. SPRAGUE
Trial Attorney
Torts Branch, Civil Division
U. S. Department of Justice
P.O. Box l46, Benjamin Franklin Station
Washington, D.C. 20044-0146
Direct dial: (202) 616-4179
Dated: May 21, 2019 Fax: (202) 616-4310
2 Should petitioner die prior to entry of judgment, respondent would oppose any award
for future medical expenses, future lost earnings, and future pain and suffering, and the parties
reserve the right to move the Court for appropriate relief.
3