VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_18-vv-00652 Package ID: USCOURTS-cofc-1_18-vv-00652 Petitioner: Jill Corsiglia Filed: 2018-05-08 Decided: 2019-08-14 Vaccine: influenza Vaccination date: 2016-11-03 Condition: left shoulder injuries Outcome: compensated Award amount USD: 45175 AI-assisted case summary: Jill Corsiglia filed a petition for compensation under the National Vaccine Injury Compensation Program on May 8, 2018, alleging that she suffered left shoulder injuries caused in fact by the influenza and hepatitis A vaccines she received on November 3, 2016. She stated that she received the vaccination in the United States, suffered residual effects for more than six months, and had not filed a civil suit or received compensation for her alleged vaccine-caused injuries. The case was assigned to the Special Processing Unit. On April 9, 2019, the respondent filed a Rule 4(c) report conceding that petitioner was entitled to compensation. The respondent concluded that petitioner's injury was consistent with Shoulder Injury Related to Vaccine Administration (SIRVA) and that a preponderance of the evidence established it was caused-in-fact by the flu or Hepatitis A vaccination received on November 3, 2016. The respondent also agreed that petitioner had satisfied all legal prerequisites for compensation. On April 10, 2019, Chief Special Master Nora Beth Dorsey issued a Ruling on Entitlement, finding petitioner entitled to compensation. Subsequently, on May 20, 2019, the respondent filed a Proffer on Award of Compensation, indicating that petitioner should be awarded $45,175.71. This amount comprised $45,000.00 for pain and suffering and $175.71 for past unreimbursable medical expenses. The respondent represented that petitioner agreed with the proffered award. On August 14, 2019, Chief Special Master Dorsey issued a Decision Awarding Damages, awarding petitioner a lump sum payment of $45,175.71, consisting of $45,000.00 for pain and suffering and $175.71 for past out-of-pocket medical expenses, payable to petitioner Jill Corsiglia. The petitioner was confirmed to be a competent adult. Petitioner was represented by Danielle Strait of Maglio Christopher & Toale, PA, and the respondent was represented by Ashley Simpson of the U.S. Department of Justice. Theory of causation field: Petitioner Jill Corsiglia alleged left shoulder injuries caused in fact by influenza and hepatitis A vaccines received on November 3, 2016. The respondent conceded that the injury was consistent with Shoulder Injury Related to Vaccine Administration (SIRVA) and that a preponderance of the evidence established causation-in-fact by the vaccinations. The public decision does not describe the specific mechanism of injury, expert testimony, or detailed clinical findings. The case resulted in a compensated outcome. On April 10, 2019, Chief Special Master Nora Beth Dorsey issued a Ruling on Entitlement. On August 14, 2019, Chief Special Master Dorsey issued a Decision Awarding Damages based on a proffer from the respondent, awarding a total of $45,175.71, comprising $45,000.00 for pain and suffering and $175.71 for past unreimbursable medical expenses. Petitioner was represented by Danielle Strait (Maglio Christopher & Toale, PA) and respondent by Ashley Simpson (U.S. Department of Justice). Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_18-vv-00652-0 Date issued/filed: 2019-06-19 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 04/10/2019) regarding 21 Ruling on Entitlement ( Signed by Chief Special Master Nora Beth Dorsey. )(mpj) Service on parties made. -------------------------------------------------------------------------------- Case 1:18-vv-00652-UNJ Document 31 Filed 06/19/19 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 18-0652V Filed: April 10, 2019 UNPUBLISHED JILL CORSIGLIA, Petitioner, Special Processing Unit (SPU); v. Ruling on Entitlement; Concession; Causation-In-Fact; Influenza (Flu) SECRETARY OF HEALTH AND and Hepatitis A (Hep A) Vaccines; HUMAN SERVICES, Shoulder Injury Related to Vaccine Administration (SIRVA) Respondent. Danielle Strait, Maglio Christopher & Toale, PA, Seattle, WA, for petitioner. Ashley Simpson, U.S. Department of Justice, Washington, DC, for respondent. RULING ON ENTITLEMENT1 Dorsey, Chief Special Master: On May 8, 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 left shoulder injuries caused in fact by the influenza and hepatitis A vaccines she received on November 3, 2016. Petition at 1, ¶¶ 1, 3, 14. Petitioner further alleges that she received the vaccination in the United States, suffered the residual effects of her injuries for more than six months, and that neither she nor any other party has filed a civil suit or received compensation for her injuries, alleged as vaccine caused. Id. at ¶¶ 2, 15, 18-19. The case was assigned to the Special Processing Unit of the Office of Special Masters. 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-00652-UNJ Document 31 Filed 06/19/19 Page 2 of 2 On April 9, 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 has “concluded that petitioner’s injury is consistent with SIRVA [(shoulder injury related to vaccine administration), and] a preponderance of evidence establishes that her SIRVA was caused-in-fact by the flu or Hepatitis A vaccination she received on November 3, 2016.” Id. at 3. Respondent further agrees that “petitioner 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 ================================================================================ DOCUMENT 2: USCOURTS-cofc-1_18-vv-00652-1 Date issued/filed: 2019-08-14 Pages: 4 Docket text: PUBLIC DECISION (Originally filed: 05/21/2019) regarding 26 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey. )(mpj) Service on parties made. -------------------------------------------------------------------------------- Case 1:18-vv-00652-UNJ Document 35 Filed 08/14/19 Page 1 of 4 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 18-652V Filed: May 21, 2019 UNPUBLISHED JILL CORSIGLIA, Special Processing Unit (SPU); Petitioner, Damages Decision Based on Proffer; v. Influenza (Flu) and Hepatitis A (Hep A) Vaccines; Shoulder Injury Related SECRETARY OF HEALTH AND to Vaccine Administration (SIRVA) HUMAN SERVICES, Respondent. Danielle Strait, Maglio Christopher & Toale, PA, Seattle, WA for petitioner. Ashley Monique Simpson, U.S. Department of Justice, Washington, DC, for respondent. DECISION AWARDING DAMAGES1 Dorsey, Chief Special Master: On May 8, 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 left shoulder injuries caused in fact by the influenza and hepatitis A vaccines she received on November 3, 2016. Petition at 1, ¶¶ 1, 3, 14. The case was assigned to the Special Processing Unit of the Office of Special Masters. On April 10, 2019, a ruling on entitlement was issued, finding petitioner entitled to compensation for her shoulder injury related to vaccine administration (“SIRVA”). On May 20, 2019, respondent filed a proffer on award of compensation (“Proffer”) indicating petitioner should be awarded $45,175.71, representing $45,000.00 in 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-00652-UNJ Document 35 Filed 08/14/19 Page 2 of 4 her pain and suffering and $175.71 in compensation for her actual 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 $45,175.71, representing $45,000.00 in compensation for her pain and suffering and $175.71 in compensation for her past out-of-pocket medical expenses in the form of a check payable to petitioner, Jill Corsiglia. 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-00652-UNJ Document 35 Filed 08/14/19 Page 3 of 4 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS ) JILL CORSIGLIA, ) ) Petitioner, ) ) No. 18-652V v. ) Chief Special Master Dorsey ) ECF SECRETARY OF HEALTH AND HUMAN ) SERVICES, ) ) Respondent. ) ) RESPONDENT’S PROFFER ON AWARD OF COMPENSATION I. Items of Compensation On April 9, 2019, respondent conceded that entitlement to compensation was appropriate under the terms of the Vaccine Act. Thereafter, on April 10, 2019, Chief Special Master Dorsey issued a Ruling on Entitlement, finding that petitioner was entitled to vaccine compensation for her Shoulder Injury Related to Vaccine Administration (“SIRVA”). Based upon the evidence of record, respondent proffers that petitioner should be awarded $45,175.71. The award is comprised of the following: $45,000.00 for pain and suffering; and $175.71 for past out of pocket medical expenses. This amount represents all elements of compensation to which petitioner would be entitled under 42 U.S.C. § 300aa-15(a). Petitioner agrees. II. Form of the Award The parties recommend that compensation provided to petitioner should be made through a lump sum payment of $45,175.71, in the form of a check payable to petitioner. Petitioner agrees. Case 1:18-vv-00652-UNJ Document 35 Filed 08/14/19 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 GABRIELLE M. FIELDING Assistant Director Torts Branch, Civil Division S/ ASHLEY SIMPSON Ashley Simpson 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) 305-0253 Email: Ashley.M.Simpson@usdoj.gov Dated: May 20, 2019