VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_18-vv-01053
Package ID: USCOURTS-cofc-1_18-vv-01053
Petitioner: Susan Cavallaro
Filed: 2019-08-09
Decided: 2020-02-26
Vaccine: influenza (flu)
Vaccination date: 2017-10-11
Condition: right shoulder post-vaccination bursitis
Outcome: compensated
Award amount USD: 159601

AI-assisted case summary:
Susan Cavallaro filed a petition for compensation under the National Vaccine Injury Compensation Program on July 18, 2018, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) in her right shoulder from an influenza vaccine administered on October 11, 2017. The case was assigned to the Special Processing Unit. On August 9, 2019, the respondent filed a Rule 4(c) report conceding that the petitioner was entitled to compensation. The respondent stated that a preponderance of the medical evidence established that the petitioner's right shoulder post-vaccination bursitis was caused-in-fact by the flu vaccine received on October 11, 2017, and that the petitioner had satisfied all legal prerequisites for compensation. Chief Special Master Nora Beth Dorsey issued a Ruling on Entitlement on August 9, 2019, finding the petitioner entitled to compensation. Subsequently, on January 23, 2020, the respondent filed a proffer on the award of compensation. Chief Special Master Brian H. Corcoran issued a decision on February 26, 2020, awarding Susan Cavallaro a total of $159,601.32. This award included $1,782.20 for lost earnings, $150,000.00 for actual and projected pain and suffering (reduced to net present value), and $7,819.12 for past unreimbursable expenses. The award was to be paid as a lump sum via check to the petitioner. Petitioner was represented by Jimmy A. Zgheib of Zgheib Sayad, P.C., and the respondent was represented by Glenn Alexander MacLeod of the U.S. Department of Justice. The public decision does not describe the onset of symptoms, specific medical tests performed, or treatments received.

Theory of causation field:
Petitioner Susan Cavallaro alleged a Shoulder Injury Related to Vaccine Administration (SIRVA) in her right shoulder following an influenza vaccine administered on October 11, 2017. The respondent conceded entitlement, stipulating that the petitioner's right shoulder post-vaccination bursitis was caused-in-fact by the flu vaccine. The Special Master accepted this concession. The award was based on a proffer filed by the respondent on January 23, 2020, and finalized by Chief Special Master Brian H. Corcoran on February 26, 2020. The total award was $159,601.32, comprising $1,782.20 for lost earnings, $150,000.00 for pain and suffering (net present value), and $7,819.12 for past unreimbursable expenses. The specific medical mechanism for the off-Table injury was not detailed in the public text. Petitioner's counsel was Jimmy A. Zgheib, and respondent's counsel was Glenn Alexander MacLeod.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_18-vv-01053-0
Date issued/filed: 2019-10-29
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 08/09/2019) regarding 30 Ruling on Entitlement Signed by Special Master Nora Beth Dorsey. (ypb) Service on parties made.
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Case 1:18-vv-01053-UNJ Document 36 Filed 10/29/19 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 18-1053V
Filed: August 9, 2019
UNPUBLISHED
SUSAN CAVALLARO,
Petitioner, Special Processing Unit (SPU);
v. Ruling on Entitlement; Concession;
Causation-In-Fact; Influenza (Flu)
SECRETARY OF HEALTH AND Vaccine; Shoulder Injury Related to
HUMAN SERVICES, Vaccine Administration (SIRVA)
Respondent.
Jimmy A. Zgheib, Zgheib Sayad, P.C., White Plains, NY, for petitioner.
Glenn Alexander MacLeod, U.S. Department of Justice, Washington, DC, for
respondent.
RULING ON ENTITLEMENT1
Dorsey, Chief Special Master:
On July 18, 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) in her right shoulder from an influenza (“flu”) vaccine
administered on October 11, 2017. Petition at 1, 7. 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-01053-UNJ Document 36 Filed 10/29/19 Page 2 of 2
On August 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 states that “a preponderance of the medical evidence
establishes that petitioner’s right shoulder post-vaccination bursitis was caused-in-fact
by the flu vaccine she received on October 11, 2017.” Id. at 7. Respondent further
agrees that “petitioner has satisfied all legal prerequisites for compensation under the
Vaccine Act.” Id. at 8.
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-01053-1
Date issued/filed: 2020-02-26
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 01/23/2020) regarding 42 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:18-vv-01053-UNJ Document 47 Filed 02/26/20 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 18-1053V
UNPUBLISHED
SUSAN CAVALLARO, Chief Special Master Corcoran
Petitioner, Filed: January 23, 2020
v.
Special Processing Unit (SPU);
SECRETARY OF HEALTH AND Damages Decision Based on Proffer;
HUMAN SERVICES, Influenza (Flu) Vaccine; Shoulder
Injury Related to Vaccine
Respondent. Administration (SIRVA)
Jimmy A. Zgheib, Zgheib Sayad, P.C., White Plains, NY, for petitioner.
Glenn Alexander MacLeod, U.S. Department of Justice, Washington, DC, for
respondent.
DECISION AWARDING DAMAGES1
On July 28, 2018, Susan Cavallaro 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 should injury related to vaccine
administration (SIRVA) in her right shoulder from an influenza (“flu”) vaccine
administered on October 11, 2017. Petition at 1, 7. The case was assigned to the
Special Processing Unit of the Office of Special Masters.
On August 9, 2019, a ruling on entitlement was issued, finding Petitioner entitled
to compensation for right shoulder bursitis, which was caused-in-fact by the flu
vaccination administered to Petitioner on October 11, 2017. Ruling on Entitlement at 2.
On January 23, 2020, Respondent filed a proffer on award of compensation (“Proffer”)
1 Because this unpublished ruling contains a reasoned explanation for the action in this case, I am
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). 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, I agree that the identified material fits within this definition, I 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-01053-UNJ Document 47 Filed 02/26/20 Page 2 of 4
indicating Petitioner should be awarded $159,601.32. Proffer at 1. In the Proffer,
Respondent represented that Petitioner agrees with the proffered award. Id. Based on
the record as a whole, I find that Petitioner is entitled to an award as stated in the
Proffer.
Pursuant to the terms stated in the attached Proffer, I award Petitioner a lump
sum payment of $159,601.32 in the form of a check payable to Petitioner. 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/Brian H. Corcoran
Brian H. Corcoran
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-01053-UNJ Document 47 Filed 02/26/20 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
__________________________________________
)
SUSAN CAVALLARO, )
)
) No. 18-1053V
Petitioner, ) Chief Special Master Corcoran
) ECF
v. )
)
SECRETARY OF HEALTH AND )
HUMAN SERVICES, )
)
Respondent. )
__________________________________________)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
I. Compensation for Vaccine-Related Items:
On August 9, 2019, respondent conceded that entitlement to compensation was
appropriate under the terms of the Vaccine Act. On August 9, 2019, the Court issued a Ruling
on Entitlement, finding petitioner entitled to vaccine compensation for a right shoulder bursitis,
which was caused-in-fact by a flu vaccination administered to petitioner on October 11, 2017.
Respondent proffers that, based on the evidence of record, petitioner, Susan Cavallaro,
should be awarded $159,601.32, which amount represents $1,782.20 in compensation for lost
earnings, $150,000.00 for actual and projected pain and suffering, and $7,819.12 for past
unreimbursable expenses.1 This amount represents all elements of compensation to which
petitioner would be entitled under 42 U.S.C. § 300aa-15(a). Petitioner agrees.
1 This amount reflects that any award for projected pain and suffering has been reduced to net
present value. See 42 U.S.C. § 300aa-15(f)(4)(A).
1

Case 1:18-vv-01053-UNJ Document 47 Filed 02/26/20 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 as described below, and request that the Chief Special Master’s
decision and the Court’s judgment award the following:2
A. A lump sum payment of $159,601.32 in the form of a check payable to petitioner,
Susan Cavallaro. This amount accounts for all elements of compensation under 42
U.S.C. § 300aa-15(a) to which petitioner would be entitled.
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/GLENN A. MACLEOD
GLENN A. MACLEOD
Senior Trial Counsel
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146
Benjamin Franklin Station
Washington, D.C. 20044-0146
Dated: January 23, 2020 Tel: (202) 616-4122
2 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 lost earnings, and future pain and suffering.
2