VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_18-vv-00505
Package ID: USCOURTS-cofc-1_18-vv-00505
Petitioner: Michael Montagnino
Filed: 2019-03-20
Decided: 2019-09-11
Vaccine: influenza
Vaccination date: 2017-08-11
Condition: Shoulder Injury Related to Vaccine Administration (SIRVA)
Outcome: compensated
Award amount USD: 65247

AI-assisted case summary:
Michael Montagnino filed a petition for compensation under the National Vaccine Injury Compensation Program on April 5, 2018, alleging he suffered Shoulder Injury Related to Vaccine Administration (SIRVA) as a result of an influenza vaccine administered to his left shoulder on August 11, 2017. The case was assigned to the Special Processing Unit. On March 18, 2019, the respondent filed a Rule 4(c) report conceding that Mr. Montagnino was entitled to compensation, stating he had satisfied all legal prerequisites for compensation under the Act. Chief Special Master Nora Beth Dorsey issued a Ruling on Entitlement on March 20, 2019, finding Mr. Montagnino entitled to compensation. Subsequently, on April 9, 2019, the respondent filed a Proffer on Award of Compensation, proposing an award of $65,247.21, which Mr. Montagnino accepted. The decision on September 11, 2019, awarded Mr. Montagnino a lump sum payment of $65,247.21, payable by check to him, representing all damages available under the Act. Mr. Montagnino is a competent adult. Petitioner counsel was Jimmy A. Zgheib of Zgheib Sayad, P.C. Respondent counsel was Mallori Browne Openchowski of the U.S. Department of Justice. Chief Special Master Nora Beth Dorsey presided over the entitlement ruling and the damages decision.

Theory of causation field:
Petitioner Michael Montagnino alleged Shoulder Injury Related to Vaccine Administration (SIRVA) following an influenza vaccine administered to his left shoulder on August 11, 2017. The respondent conceded entitlement to compensation. The Special Master found petitioner entitled to compensation based on the respondent's concession and the evidence of record. The case falls under the "Table Injury" category for SIRVA. No specific medical experts or detailed causation mechanism were described in the public text. The award was based on a proffer agreed to by both parties. Chief Special Master Nora Beth Dorsey issued the Ruling on Entitlement on March 20, 2019, and the Decision Awarding Damages on September 11, 2019. The award was a lump sum of $65,247.21. Petitioner counsel was Jimmy A. Zgheib, and respondent counsel was Mallori Browne Openchowski.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_18-vv-00505-0
Date issued/filed: 2019-05-29
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 03/20/2019) regarding 27 Ruling on Entitlement ( Signed by Chief Special Master Nora Beth Dorsey. )(mpj) Service on parties made.
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Case 1:18-vv-00505-UNJ Document 36 Filed 05/29/19 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 18-505V
Filed: March 20, 2019
UNPUBLISHED
MICHAEL MONTAGNINO,
Petitioner, Special Processing Unit (SPU);
v. Ruling on Entitlement; Concession;
Table Injury; Influenza (Flu) Vaccine;
SECRETARY OF HEALTH AND Shoulder Injury Related to Vaccine
HUMAN SERVICES, Administration (SIRVA)
Respondent.
Jimmy A Zgheib, Zgheib Sayad, P.C, White Plains, NY, for petitioner.
Mallori Browne Openchowski, U.S. Department of Justice, Washington, DC, for
respondent.
RULING ON ENTITLEMENT1
Dorsey, Chief Special Master:
On April 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 he suffered Shoulder Injury Related to Vaccine
Administration (“SIRVA”) as a result of an influenza (“flu”) vaccine administered to his
left shoulder on August 11, 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-00505-UNJ Document 36 Filed 05/29/19 Page 2 of 2
On March 18, 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 “based on the record as it now stands,
petitioner has satisfied all legal prerequisites for compensation under the Act.” Id. at 4-5
(citing § 300aa-13(a)(1)(B); 42 U.S.C. § 300aa-11(c)(1)(D)(I)).
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
2

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DOCUMENT 2: USCOURTS-cofc-1_18-vv-00505-2
Date issued/filed: 2019-09-11
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 04/19/2019) regarding 30 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey. )(mpj) Service on parties made.
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Case 1:18-vv-00505-UNJ Document 41 Filed 09/11/19 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 18-505V
Filed: April 19, 2019
UNPUBLISHED
MICHAEL MONTAGNINO,
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.
Jimmy A Zgheib, Zgheib Sayad, P.C, White Plains, NY, for petitioner.
Mallori Browne Openchowski, U.S. Department of Justice, Washington, DC, for
respondent.
DECISION AWARDING DAMAGES1
Dorsey, Chief Special Master:
On April 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 he suffered Shoulder Injury Related to Vaccine
Administration (“SIRVA”) as a result of an influenza (“flu”) vaccine administered to his
left shoulder on August 11, 2017. Petition at 1. The case was assigned to the Special
Processing Unit of the Office of Special Masters.
On March 20, 2019, a ruling on entitlement was issued, finding petitioner entitled
to compensation for his shoulder injury. On April 9, 2019, respondent filed a proffer on
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-00505-UNJ Document 41 Filed 09/11/19 Page 2 of 4
award of compensation (“Proffer”) indicating petitioner should be awarded $65,247.21.
Proffer at 1. 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 $65,247.21 in the form of a check payable to
petitioner, Michael Montagnino. 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-00505-UNJ Document 41 Filed 09/11/19 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
MICHAEL MONTAGNINO,
Petitioner, No. 18-505V
Chief Special Master Dorsey
v. ECF
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
I. Compensation for Vaccine Injury-Related Items
On March 18, 2019, respondent concededed that entitlement to compensation was
appropriate under the terms of the Vaccine Act. Thereafter, on March 20, 2019, Chief Special
Master Dorsey issued a Ruling on Entitlement finding that petitioner was entitled to vaccine
compensation for his Shoulder Injury Related to Vaccine Administration (“SIRVA”). Based on
the evidence of record, respondent proffers that petitioner should be awarded $65,247.21. This
amount represents all elements of compensation to which petitioner would be entitled under 42
U.S.C. § 300aa-15(a).1 Petitioner agrees.
II. Form of the Award
The parties recommend that compensation provided to petitioner should be made through
a lump sum payment of $65,247.21, in the form of a check payable to petitioner. Petitioner
agrees.
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 lost earnings
and future pain and suffering.

Case 1:18-vv-00505-UNJ Document 41 Filed 09/11/19 Page 4 of 4
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
ALEXIS B. BABCOCK
Assistant Director
Torts Branch, Civil Division
s/ Mallori B. Openchowski
MALLORI B. OPENCHOWSKI
Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146, Ben Franklin Station
Washington, DC 20044-0146
Tel.: (202) 305-0660
DATED: April 9, 2019