VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_18-vv-00964
Package ID: USCOURTS-cofc-1_18-vv-00964
Petitioner: Dorothy Garone
Filed: 2018-07-05
Decided: 2019-10-22
Vaccine: Pneumococcal Conjugate Vaccine
Vaccination date: 2017-10-30
Condition: right rotator cuff syndrome/bursitis
Outcome: compensated
Award amount USD: 73625

AI-assisted case summary:
Dorothy Garone filed a petition for vaccine injury compensation alleging that she received a Prevnar-13 vaccination on October 30, 2017, and subsequently suffered right rotator cuff syndrome/bursitis. The respondent conceded that petitioner was entitled to compensation, agreeing that her medical course was consistent with a shoulder injury related to vaccine administration (SIRVA) as defined by the Vaccine Injury Table. The respondent further agreed that petitioner had satisfied all legal prerequisites for compensation. A ruling on entitlement was issued on June 19, 2019, finding her entitled to compensation. Subsequently, on July 27, 2019, the respondent filed a proffer on award of compensation, recommending an award of $73,625.00 for pain and suffering, which represented all elements of compensation to which petitioner would be entitled. Petitioner agreed with the proffered award. The Chief Special Master issued a decision awarding damages on October 22, 2019, granting petitioner a lump sum payment of $73,625.00.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_18-vv-00964-0
Date issued/filed: 2019-09-11
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 06/19/2019) 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-00964-UNJ Document 42 Filed 09/11/19 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 18-964V
Filed: June 19, 2019
UNPUBLISHED
DOROTHY GARONE,
Petitioner, Special Processing Unit (SPU);
v. Ruling on Entitlement; Concession;
Table Injury; Pneumococcal
SECRETARY OF HEALTH AND Conjugate Vaccine; Shoulder Injury
HUMAN SERVICES, Related to Vaccine Administration
(SIRVA)
Respondent.
John Clarke Newton, Bluestien Thompson Sullivan, LLC, Columbia, SC, for petitioner.
Colleen Clemons Hartley, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
Dorsey, Chief Special Master:
On July 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 she received a Prevnar-13 vaccination on October 30,
2017, and subsequently suffered right rotator cuff syndrome/bursitis. Petition at 1. The
case was assigned to the Special Processing Unit of the Office of Special Masters.
On June 14, 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’s medical course is consistent with
a shoulder injury related to vaccine administration (“SIRVA”) as defined by the Vaccine
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.

Case 1:18-vv-00964-UNJ Document 42 Filed 09/11/19 Page 2 of 2
Injury Table.” Id. at 5. 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
2

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DOCUMENT 2: USCOURTS-cofc-1_18-vv-00964-1
Date issued/filed: 2019-10-22
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 07/30/2019) regarding 34 DECISION Stipulation/Proffer Signed by Special Master Nora Beth Dorsey. (sw) Service on parties made.
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Case 1:18-vv-00964-UNJ Document 46 Filed 10/22/19 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 18-964V
Filed: July 30, 2019
UNPUBLISHED
DOROTHY GARONE,
Petitioner,
Special Processing Unit (SPU);
v.
Damages Decision Based on Proffer;
Pneumococcal Conjugate Vaccine;
SECRETARY OF HEALTH AND
Shoulder Injury Related to Vaccine
HUMAN SERVICES,
Administration (SIRVA)
Respondent.
John Clarke Newton, Bluestien Thompson Sullivan, LLC, Columbia, SC, for petitioner.
Colleen Clemons Hartley, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
Dorsey, Chief Special Master:
On July 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 she received a Prevnar-13 vaccination on October 30,
2017, and subsequently suffered right rotator cuff syndrome/bursitis. Petition at 1. The
case was assigned to the Special Processing Unit of the Office of Special Masters.
On June 19, 2019, a ruling on entitlement was issued, finding petitioner entitled
to compensation for her shoulder injury. On July 27, 2019, respondent filed a proffer on
award of compensation (“Proffer”) indicating petitioner should be awarded $73,625.00,
consisting of pain and suffering, which represents all elements of compensation to
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-00964-UNJ Document 46 Filed 10/22/19 Page 2 of 4
which petitioner would be entitled under 42 U.S.C. § 300aa-15(a). 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 $73,625.00, consisting of pain and suffering,
which represents all elements of compensation to which petitioner would be
entitled under 42 U.S.C. § 300aa-15(a), in the form of a check payable to
petitioner, Dorothy Garone.
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-00964-UNJ Document 46 Filed 10/22/19 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
)
DOROTHY GARONE, )
)
Petitioner, )
) No. 18-964V
v. ) Chief Special Master Dorsey
) ECF
SECRETARY OF HEALTH AND HUMAN )
SERVICES, )
)
Respondent. )
)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On July 5, 2018, Dorothy Garone (“petitioner”) filed a petition for vaccine injury
compensation alleging that she suffered a shoulder injury related to vaccine administration
(“SIRVA”) as result of a Prevnar-13 vaccine administered on October 30, 2017. On June 14,
2019, respondent conceded that entitlement to compensation was appropriate under the terms of
the Vaccine Act. On June 19, 2019, the Chief Special Master Dorsey issued a Ruling on
Entitlement finding that petitioner was entitled to compensation. The case is now in damages.
I. Items of Compensation
Based upon the evidence of record, respondent proffers that petitioner should be awarded
$73,625.00, consisting of pain and suffering, which 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
Respondent recommends that the compensation provided to petitioner be made through a
1

Case 1:18-vv-00964-UNJ Document 46 Filed 10/22/19 Page 4 of 4
lump sum payment of $73,625.00 in the form of a check payable to petitioner.1 Petitioner
agrees.
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. BABOCK
Assistant Director
Torts Branch, Civil Division
/s/ Colleen C. Hartley
COLLEEN C. HARTLEY
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) 616-3644
Fax: (202) 353-2988
DATED: July 27, 2019
1 Should petitioner die prior to the entry of judgment, respondent reserves 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.
2