VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_18-vv-00639
Package ID: USCOURTS-cofc-1_18-vv-00639
Petitioner: Melissa K. Woinarowicz
Filed: 2018-05-04
Decided: 2019-10-18
Vaccine: influenza
Vaccination date: 2017-09-22
Condition: right shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 87730

AI-assisted case summary:
Melissa K. Woinarowicz filed a petition for vaccine injury compensation on May 4, 2018, alleging she suffered a right shoulder injury related to vaccine administration (SIRVA) following an influenza vaccine administered on September 22, 2017. The case was assigned to the Special Processing Unit. On April 11, 2019, the respondent filed a Rule 4(c) report conceding that Ms. Woinarowicz is entitled to compensation. The respondent concluded that the petitioner suffered a SIRVA as defined by the Vaccine Injury Table and had satisfied all legal prerequisites for compensation under the Vaccine Act. Based on the respondent's concession and the evidence of record, Chief Special Master Nora Beth Dorsey issued a Ruling on Entitlement on April 12, 2019, finding the petitioner entitled to compensation. Subsequently, on July 10, 2019, the parties submitted a proffer on the award of compensation. The respondent proffered that the petitioner should be awarded a total of $87,730.55, consisting of $82,500.00 for past and future pain and suffering, and $5,230.55 for documented past unreimbursable expenses. The petitioner agreed with this proffered award. Chief Special Master Dorsey issued a Decision Awarding Damages on October 18, 2019, awarding the petitioner a lump sum payment of $87,730.55, payable to Melissa K. Woinarowicz. This amount represents compensation for all damages available under the Vaccine Act. Petitioner was represented by Richard H. Moeller of Moore, Heffernan, et al., and respondent was represented by Lisa Ann Watts of the U.S. Department of Justice.

Theory of causation field:
Petitioner Melissa K. Woinarowicz alleged a right shoulder injury related to vaccine administration (SIRVA) following an influenza vaccine on September 22, 2017. The respondent conceded entitlement, agreeing that the injury was a SIRVA as defined by the Vaccine Injury Table and that all legal prerequisites were met. The case proceeded as a Table injury claim. The public decision does not describe the specific mechanism of injury, medical experts, or detailed clinical facts. The parties submitted a proffer on damages, and Chief Special Master Nora Beth Dorsey awarded $87,730.55, comprising $82,500.00 for past and future pain and suffering and $5,230.55 for documented past unreimbursable expenses. The award was made as a lump sum check payable to the petitioner. Petitioner was represented by Richard H. Moeller, and respondent was represented by Lisa Ann Watts. The decision date was October 18, 2019.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_18-vv-00639-0
Date issued/filed: 2019-06-21
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 04/12/2019) regarding 23 Ruling on Entitlement ( Signed by Chief Special Master Nora Beth Dorsey. )(mpj) Service on parties made.
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Case 1:18-vv-00639-UNJ Document 33 Filed 06/21/19 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 18-639V
Filed: April 12, 2019
UNPUBLISHED
MELISSA K. WOINAROWICZ,
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.
Richard H. Moeller, Moore, Heffernan, et al., Sioux City, IA, for petitioner.
Lisa Ann Watts, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
Dorsey, Chief Special Master:
On May 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 right shoulder injury related to vaccine
administration (“SIRVA”) due to an influenza (“flu”) vaccine administered on September
22, 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-00639-UNJ Document 33 Filed 06/21/19 Page 2 of 2
On April 11, 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 concluded that petitioner suffered a SIRVA as defined by
the Vaccine Injury Table. Id. at 4. Respondent further agrees that petitioner has
satisfied all legal prerequisites for compensation under the Vaccine 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-00639-1
Date issued/filed: 2019-10-18
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 7/12/2019) regarding 36 DECISION Stipulation/Proffer Signed by Special Master Nora Beth Dorsey. (ypb) Service on parties made.
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Case 1:18-vv-00639-UNJ Document 46 Filed 10/18/19 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 18-639V
Filed: July 12, 2019
UNPUBLISHED
MELISSA K. WOINAROWICZ,
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.
Richard H. Moeller, Moore, Heffernan, et al., Sioux City, IA, for petitioner.
Lisa Ann Watts, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
Dorsey, Chief Special Master:
On May 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 right shoulder injury related to vaccine
administration (“SIRVA”) following an influenza (“flu”) vaccination administered on
September 22, 2017. Petition at 1. The case was assigned to the Special Processing
Unit of the Office of Special Masters.
On April 12, 2019, a ruling on entitlement was issued, finding petitioner entitled to
compensation for a SIRVA. On July 10, 2019, respondent filed a proffer on award of
compensation (“Proffer”) indicating petitioner should be awarded $87,730.55 consisting
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-00639-UNJ Document 46 Filed 10/18/19 Page 2 of 4
of $82,500.00 for past and future pain and suffering, and $5,230.55 for documented
past unreimbursable expenses. 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 $87,730.55 (consisting of $82,500.00 for past
and future pain and suffering, and $5,230.55 for past unreimbursable expenses) in
the form of a check payable to petitioner, Melissa K. Woinarowicz. 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-00639-UNJ Document 46 Filed 10/18/19 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
MELISSA K. WOINAROWICZ,
Petitioner,
No. 18-639V
v.
Chief Special Master Dorsey
ECF-SPU
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On May 4, 2018, Melissa K. Woinarowicz (“petitioner”) filed a petition for vaccine injury
compensation alleging that she suffered a right shoulder injury related to vaccine administration
(“SIRVA”), a Table injury, following receipt of an influenza (“flu”) vaccination administered on
September 22, 2017. Respondent filed his Rule 4(c) Report conceding entitlement to
compensation on April 11, 2019. The Chief Special Master issued a Ruling on Entitlement on
April 12, 2019.
I. Items of Compensation
Based upon the evidence of record, respondent proffers that petitioner should be awarded
a total of $87,730.55, consisting of $82,500.00 for her past and future pain and suffering and
$5,230.55 for documented past unreimbursable expenses. This represents all elements of
compensation to which petitioner would be entitled under 42 U.S.C. § 300aa-15(a).1 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 damages.
1

Case 1:18-vv-00639-UNJ Document 46 Filed 10/18/19 Page 4 of 4
II. Form of the Award
The parties recommend that the compensation provided to petitioner should be made
through a lump sum payment of $87,730.55 in the form of a check payable to petitioner.2
Petitioner agrees.
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/Lisa A. Watts
LISA A. WATTS
Senior Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146
Benjamin Franklin Station
Washington, D.C. 20044-0146
Tel.: (202) 616-4099
DATED: July 10, 2019
2 Petitioner is a competent adult. Proof of guardianship is not required in this case.
2