VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_18-vv-01341
Package ID: USCOURTS-cofc-1_18-vv-01341
Petitioner: Maia Merin
Filed: 2018-08-31
Decided: 2019-11-13
Vaccine: influenza
Vaccination date: 2017-10-20
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 103102

AI-assisted case summary:
Maia Merin filed a petition for compensation under the National Vaccine Injury Compensation Program alleging that she suffered a shoulder injury related to vaccine administration (SIRVA) as a result of an influenza vaccine she received on October 20, 2017. The case was assigned to the Special Processing Unit. On August 21, 2019, the respondent conceded that Ms. Merin was entitled to compensation, agreeing that she suffered a Table SIRVA and that the statutory six-month sequela requirement was satisfied. Based on the respondent's concession and the evidence, the court found Ms. Merin entitled to compensation. Subsequently, on September 26, 2019, the respondent filed a proffer on award of compensation, which Ms. Merin agreed with. The proffer recommended an award of $103,102.25, comprised of $82,500.00 for pain and suffering, $1,114.38 for past unreimbursable expenses, and $19,487.87 for lost earnings. The court issued a decision awarding Ms. Merin this lump sum payment on November 13, 2019.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_18-vv-01341-0
Date issued/filed: 2019-11-12
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 08/21/2019) regarding 24 Ruling on Entitlement Signed by Special Master Nora Beth Dorsey. (ypb) Service on parties made.
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Case 1:18-vv-01341-UNJ Document 35 Filed 11/12/19 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 18-1341V
Filed: August 21, 2019
UNPUBLISHED
MAIA MERIN,
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.
Jimmy A. Zgheib, Zgheib Sayad, P.C., White Plains, NY, for petitioner.
Claudia Barnes Gangi, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
Dorsey, Chief Special Master:
On August 31, 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 an influenza vaccine received on October 20,
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-01341-UNJ Document 35 Filed 11/12/19 Page 2 of 2
On August 21, 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 suffered a Table SIRVA. Id. at 5.
Respondent further agrees that the statutory six month sequela requirement has been
satisfied. 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-01341-1
Date issued/filed: 2019-11-13
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 09/27/2019) regarding 31 DECISION Stipulation/Proffer Signed by Special Master Nora Beth Dorsey. (sw) Service on parties made.
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Case 1:18-vv-01341-UNJ Document 36 Filed 11/13/19 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 18-1341V
Filed: September 27, 2019
UNPUBLISHED
MAIA MERIN,
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.
Jimmy A. Zgheib, Zgheib Sayad, P.C., White Plains, NY, for petitioner.
Claudia Barnes Gangi, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
Dorsey, Chief Special Master:
On August 31, 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 an influenza vaccine received on October 20,
2017. Petition at 1. The case was assigned to the Special Processing Unit of the Office
of Special Masters.
On August 21, 2019, a ruling on entitlement was issued, finding petitioner entitled
to compensation for her SIRVA. On September 26, 2019, respondent filed a proffer on
award of compensation (“Proffer”) indicating petitioner should be awarded $103,102.25
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-01341-UNJ Document 36 Filed 11/13/19 Page 2 of 5
(comprised of $82,500.00 for pain and suffering, $1,114.38 for past unreimbursable
expenses, and $19,487.87 for lost earnings). Proffer at 1-2. 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 $103,102.25 (comprised of $82,500.00 for pain
and suffering, $1,114.38 for past unreimbursable expenses, and $19,487.87 for lost
earnings) in the form of a check payable to petitioner, Maia Merin. 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-01341-UNJ Document 36 Filed 11/13/19 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
_________________________________________
)
MAIA MERIN, )
)
Petitioner, )
) No. 18-1341V
v. ) Chief Special Master Dorsey
) ECF
SECRETARY OF HEALTH AND )
HUMAN SERVICES, )
)
Respondent. )
__________________________________________)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On August 21, 2019, respondent filed a Rule 4(c) Report, in which he conceded
entitlement to compensation. On the same day, the Court issued a Ruling on Entitlement, finding
that petitioner is entitled to compensation for her shoulder injury related to vaccine
administration (“SIRVA”).
I. Items of Compensation
A. Pain and Suffering
Respondent proffers that the Court should award Maia Merin a lump sum of $82,500.00
for her actual and projected pain and suffering. This amount reflects that the award for projected
pain and suffering has been reduced to net present value. See 42 U.S.C. § 300aa-15(a)(4).
Petitioner agrees.
1

Case 1:18-vv-01341-UNJ Document 36 Filed 11/13/19 Page 4 of 5
B. Past Unreimbursable Expenses
Respondent proffers that the Court should award Maia Merin a lump sum of $1,114.38
for past unreimbursable expenses, as provided under 42 U.S.C. § 300aa-15(a)(1)(A). Petitioner
agrees.
C. Lost Earnings
The parties agree that based upon the evidence of record, Maia Merin has suffered a past
loss of earnings as a result of her vaccine-related injury. Therefore, respondent proffers that the
Court should award Maia Merin a lump sum of $19,487.87 for her lost earnings as provided
under the Vaccine Act, 42 U.S.C. § 300aa-15(a)(3)(A). Petitioner agrees.
II. Form of Award
Petitioner is a competent adult. Evidence of guardianship is not required in this case.
Respondent recommends that the compensation provided to petitioner should be made through a
lump sum payment of $103,102.25, in the form of a check payable to petitioner, which
represents all elements of compensation to which petitioner would be entitled under 42 U.S.C.
§ 300aa-15(a).1 Petitioner agrees.
Respectfully submitted,
JOSEPH H. HUNT
Assistant Attorney General
C. SALVATORE D’ALESSIO
Acting Director
Torts Branch, Civil Division
1 Should petitioner die prior to the 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

Case 1:18-vv-01341-UNJ Document 36 Filed 11/13/19 Page 5 of 5
CATHARINE E. REEVES
Deputy Director
Torts Branch, Civil Division
ALEXIS B. BABCOCK
Assistant Director
Torts Branch, Civil Division
/s/ Claudia B. Gangi
CLAUDIA B. GANGI
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) 616-4138
Email: claudia.gangi@usdoj.gov
Dated: September 26, 2019
3