VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_18-vv-01132
Package ID: USCOURTS-cofc-1_18-vv-01132
Petitioner: Violet J. Barino
Filed: 2018-08-02
Decided: 2019-10-22
Vaccine: pneumococcal conjugate vaccine
Vaccination date: 2017-02-03
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 92500

AI-assisted case summary:
Violet J. Barino filed a petition for compensation under the National Vaccine Injury Compensation Program on August 2, 2018, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) after receiving a pneumococcal conjugate vaccine on February 3, 2017. The respondent conceded that Ms. Barino was entitled to compensation, agreeing that her condition met the criteria set forth in the Vaccine Injury Table and the Qualifications and Aids to Interpretation. The respondent noted that Ms. Barino had no relevant history of prior shoulder issues, her symptoms occurred within 48 hours of vaccination, were limited to the vaccinated shoulder, and no other condition explained her symptoms. A ruling on entitlement was issued on July 23, 2019, finding her entitled to compensation. Subsequently, on August 20, 2019, the respondent filed a proffer of award, recommending $92,500.00 for pain and suffering, which Ms. Barino, identified as a competent adult, agreed to. The Chief Special Master issued a decision awarding Ms. Barino a lump sum payment of $92,500.00 on October 22, 2019.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_18-vv-01132-0
Date issued/filed: 2019-10-11
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 07/23/2019) regarding 33 Ruling on Entitlement Signed by Special Master Nora Beth Dorsey. (ypb) Service on parties made.
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Case 1:18-vv-01132-UNJ Document 45 Filed 10/11/19 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 18-1132V
Filed: July 23, 2019
UNPUBLISHED
VIOLET J. BARINO,
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.
William Patrick Hatfield, Hatfield Temple, LLP, Florence, SC for petitioner.
Ida Nassar, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
Dorsey, Chief Special Master:
On August 2, 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”) as a result of a February 3, 2017 pneumococcal conjugate
vaccine. 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-01132-UNJ Document 45 Filed 10/11/19 Page 2 of 2
On July 22, 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 agrees “that petitioner has satisfied the criteria set forth in the
Vaccine Injury Table (“Table”) and the Qualifications and Aids to Interpretation (“QAI”).”
Id. at 6. Respondent further agrees that “petitioner had no relevant history of pain,
inflammation or dysfunction in her right shoulder; her pain and reduced range of motion
occurred within 48 hours of receiving of an intramuscular vaccination; her symptoms
were limited to the shoulder in which the vaccine was administered; and, no other
condition or abnormality was identified to explain her symptoms.” 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-01132-1
Date issued/filed: 2019-10-22
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 08/20/2019) 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-01132-UNJ Document 46 Filed 10/22/19 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 18-1132V
Filed: August 20, 2019
UNPUBLISHED
VIOLET J. BARINO,
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.
William Patrick Hatfield, Hatfield Temple, LLC, Florence, SC, for petitioner.
Ida Nassar, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
Dorsey, Chief Special Master:
On August 2, 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”) as a result of a February 3, 2017 pneumococcal conjugate
vaccine. Petition at 1. The case was assigned to the Special Processing Unit of the
Office of Special Masters.
On July 23, 2019, a ruling on entitlement was issued, finding petitioner entitled to
compensation for her SIRVA. On August 20, 2019, respondent filed a proffer on award
of compensation (“Proffer”) indicating petitioner should be awarded $92,500.00. Proffer
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-01132-UNJ Document 46 Filed 10/22/19 Page 2 of 4
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 $92,500.00 in the form of a check payable to
petitioner, Violet J. Barino. 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-01132-UNJ Document 46 Filed 10/22/19 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
)
VIOLET J. BARINO, )
)
Petitioner, )
) No. 18-1132V
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 July 22, 2019, respondent conceded that entitlement to compensation was appropriate
under the terms of the Vaccine Act. Thereafter, on July 23, 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 $92,500.00. The award is
comprised of the following: $92,500.00 for pain and suffering. 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 $92,500.00, in the form of a check payable to petitioner. Petitioner
agrees.
Petitioner is a competent adult. Evidence of guardianship is not required in this case.

Case 1:18-vv-01132-UNJ Document 46 Filed 10/22/19 Page 4 of 4
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/ Ida Nassar
IDA NASSAR
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) 616-4186
DATED: August 20, 2019
2