VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_18-vv-00499
Package ID: USCOURTS-cofc-1_18-vv-00499
Petitioner: Lilia Gitt
Filed: 2018-04-04
Decided: 2019-11-05
Vaccine: Twinrix
Vaccination date: 2017-04-14
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 51132

AI-assisted case summary:
Lilia Gitt filed a petition for compensation under the National Vaccine Injury Compensation Program on April 4, 2018, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) from a Twinrix vaccination received on April 14, 2017. The case was assigned to the Special Processing Unit. Respondent filed a Rule 4(c) Report on May 6, 2019, conceding that petitioner was entitled to compensation because her medical course was consistent with SIRVA as defined on the Vaccine Injury Table and that she suffered residual effects for more than six months. A ruling on entitlement was issued on May 9, 2019, finding petitioner entitled to compensation. Subsequently, on August 14, 2019, the parties filed a proffer on award of compensation. The respondent recommended an award of $51,132.54, representing $50,000.00 for pain and suffering and $1,132.54 in unreimbursable expenses, which petitioner agreed to. The Chief Special Master issued a decision awarding damages on November 5, 2019, based on this proffer. Lilia Gitt, an adult, received a single Twinrix vaccine and was diagnosed with SIRVA, a Table injury. The case proceeded as a Table claim, and the parties stipulated to damages, resulting in a total award of $51,132.54.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_18-vv-00499-0
Date issued/filed: 2019-08-14
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 05/09/2019) regarding 32 Ruling on Entitlement ( Signed by Chief Special Master Nora Beth Dorsey. )(mpj) Service on parties made.
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Case 1:18-vv-00499-UNJ Document 41 Filed 08/14/19 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 18-499V
Filed: May 9, 2019
UNPUBLISHED
LILIA GITT,
Special Processing Unit (SPU);
Petitioner, Ruling on Entitlement; Concession;
v. Table Injury; Hepatitis A (Hep A)
Vaccine; Shoulder Injury Related to
SECRETARY OF HEALTH AND Vaccine Administration (SIRVA)
HUMAN SERVICES,
Respondent.
Bruce William Slane, Law Office of Bruce W. Slane, P.C., White Plains, NY, for
petitioner.
Daniel Anthony Principato, U.S. Department of Justice, Washington, DC, for
respondent.
RULING ON ENTITLEMENT1
Dorsey, Chief Special Master:
On April 4, 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 the Twinrix vaccination administered on April 14,
2017. 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 1:18-vv-00499-UNJ Document 41 Filed 08/14/19 Page 2 of 2
On May 6, 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 notes that “petitioner’s medical course is consistent with SIRVA
as defined on the Vaccine Injury Table.” Id. at 3. Respondent further states that the
medical records in this case indicate that petitioner suffered the residual effects of her
condition for more than six months. 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

================================================================================
DOCUMENT 2: USCOURTS-cofc-1_18-vv-00499-1
Date issued/filed: 2019-11-05
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 08/16/2019) regarding 42 DECISION Stipulation/Proffer Signed by Special Master Nora Beth Dorsey. (sw) Service on parties made.
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Case 1:18-vv-00499-UNJ Document 51 Filed 11/05/19 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 18-499V
Filed: August 16, 2019
UNPUBLISHED
LILIA GITT,
Petitioner,
Special Processing Unit (SPU);
v.
Damages Decision Based on Proffer;
Hepatitis A (Hep A) Vaccine;
SECRETARY OF HEALTH AND
Shoulder Injury Related to Vaccine
HUMAN SERVICES,
Administration (SIRVA)
Respondent.
Bruce William Slane, Law Office of Bruce W. Slane, P.C., White Plains, NY, for
petitioner.
Daniel Anthony Principato, U.S. Department of Justice, Washington, DC, for
respondent.
DECISION AWARDING DAMAGES1
Dorsey, Chief Special Master:
On April 4, 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 the Twinrix vaccination administered on April 14,
2017. 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 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-00499-UNJ Document 51 Filed 11/05/19 Page 2 of 4
On May 9, 2019, a ruling on entitlement was issued, finding petitioner entitled to
compensation for her SIRVA. On August 14, 2019, respondent filed a proffer on award
of compensation (“Proffer”) indicating petitioner should be awarded $51,132.54. Proffer
at 2. In the Proffer, respondent represented that petitioner agrees with the proffered
award. Id. at 1-2. 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 $51,132.54 (representing compensation in the
amount of $50,000.00 for pain and suffering and $1,132.54 in unreimbursable
expenses) in the form of a check payable to petitioner, Lilia Gitt. 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

Case 1:18-vv-00499-UNJ Document 51 Filed 11/05/19 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
____________________________________
)
LILIA GITT, ) No. 18-499V
) Chief Special Master Dorsey
Petitioner, ) ECF
)
v. )
)
SECRETARY OF HEALTH AND )
HUMAN SERVICES, )
)
Respondent. )
)
PROFFER ON AWARD OF COMPENSATION
I. Compensation for Vaccine Injury-Related Items
On May 6, 2018, respondent filed a Vaccine Rule 4(c) report concluding that petitioner
suffered an injury (SIRVA) that is compensable under the National Childhood Vaccine Injury
Act of 1986, as amended, 42 U.S.C. §§ 300aa-10 to -34. Accordingly, on May 9, 2018, the
Chief Special Master issued a Ruling on Entitlement.
Respondent now proffers that, based on the evidence of record, petitioner should be
awarded $51,132.54. This amount represents all elements of compensation to which petitioner
would be entitled under 42 U.S.C. § 300aa-15(a). Petitioner agrees.
II. Items of Compensation and Form of the Award
The parties recommend that the compensation provided to petitioner should be made
through a lump sum payment described below, and request that the Chief Special Master’s
decision and the Court’s judgment award the following: 1
1 Should petitioner die prior to entry of judgment, the parties reserve the right to move the Court
for appropriate relief. In particular, respondent would oppose any award for future medical
expenses, future pain and suffering, and future lost wages.

Case 1:18-vv-00499-UNJ Document 51 Filed 11/05/19 Page 4 of 4
A. Petitioner’s Damages
A lump sum payment of $51,132.54 (comprised of $50,000.00 for pain and suffering and
$1,132.54 in unreimbursable expenses) in the form of a check payable to petitioner, Lilia Gitt.
B. Guardianship
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
HEATHER L. PEARLMAN
Assistant Director
Torts Branch, Civil Division
/s/ Daniel A. Principato
DANIEL A. PRINCIPATO
Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146
Benjamin Franklin Station
Washington, D.C. 20044-0146
Phone: (202) 616-3662
Fax: (202) 353-2988
Dated: August 14, 2019
2