VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_18-vv-01479
Package ID: USCOURTS-cofc-1_18-vv-01479
Petitioner: Melissa Zielinski
Filed: 2018-09-26
Decided: 2020-03-24
Vaccine: influenza
Vaccination date: 2016-09-03
Condition: left shoulder injury
Outcome: compensated
Award amount USD: 102960

AI-assisted case summary:
Melissa Zielinski filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she suffered a left shoulder injury caused by an influenza vaccination administered on September 3, 2016. The respondent conceded that her injury was consistent with a shoulder injury related to vaccine administration (SIRVA) as defined on the Vaccine Injury Table and that she suffered residual effects for more than six months. Based on this concession and the evidence, the Chief Special Master issued a ruling on entitlement, finding her eligible for compensation. Subsequently, the parties submitted a proffer on award of compensation. The respondent proposed an award of $102,960.82, which included $102,500.00 for pain and suffering and $460.82 for out-of-pocket medical expenses. Petitioner agreed with this proposed award. The Chief Special Master accepted the proffer and awarded Melissa Zielinski a lump sum payment of $102,960.82.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_18-vv-01479-0
Date issued/filed: 2019-11-13
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 10/08/2019) regarding 22 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:18-vv-01479-UNJ Document 26 Filed 11/13/19 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 18-1479V
Filed: October 8, 2019
UNPUBLISHED
MELISSA ZIELINSKI,
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.
Amy A. Senerth, Muller Brazil, LLP, Dresher, PA, for petitioner.
Jeffrey T. Sprague, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
Corcoran, Chief Special Master:
On September 26, 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 left shoulder injury that was
caused by an influenza vaccination in her left deltoid on September 3, 2016. 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-01479-UNJ Document 26 Filed 11/13/19 Page 2 of 2
On October 1, 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 alleged injury is consistent with a
shoulder injury related to vaccine administration (“SIRVA”) as defined on the Vaccine
Injury Table.” Id. at 6. Respondent further agrees that “petitioner suffered the residual
effects of her condition for more than six months.” 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/Brian H. Corcoran
Brian H. Corcoran
Chief Special Master
2

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DOCUMENT 2: USCOURTS-cofc-1_18-vv-01479-1
Date issued/filed: 2020-03-24
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 02/14/2020) regarding 37 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:18-vv-01479-UNJ Document 41 Filed 03/24/20 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 18-1479V
UNPUBLISHED
MELISSA ZIELINSKI, Chief Special Master Corcoran
Petitioner, Filed: February 14, 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)
Amy A. Senerth, Muller Brazil, LLP, Dresher, PA, for petitioner.
Traci R. Patton, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
On September 26, 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 left shoulder injury that was
caused by an influenza vaccination in her left deltoid on September 3, 2016. The case
was assigned to the Special Processing Unit of the Office of Special Masters.
On October 8, 2019, a ruling on entitlement was issued, finding Petitioner entitled
to compensation for left shoulder injury. On February 13, 2020, Respondent filed a
proffer on award of compensation (“Proffer”) indicating Petitioner should be awarded
$102,960.82, representing $102,500.00 for Petitioner’s pain and suffering and $460.82
representing Petitioner’s out-of-pocket medical expenses. Proffer at 1-2. In the Proffer,
Respondent represented that Petitioner agrees with the proffered award. Id. at 2.
1 Because this unpublished decision 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 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, 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-01479-UNJ Document 41 Filed 03/24/20 Page 2 of 5
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 $102,960.82, representing $102,500.00 for Petitioner’s pain and
suffering and $460.82 representing Petitioner’s unreimbursable expenses 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-01479-UNJ Document 41 Filed 03/24/20 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
___________________________________
)
MELISSA ZIELINSKI, )
)
Petitioner, ) No. 18-1479V ECF
)
v. ) Chief Special Master Corcoran
)
SECRETARY OF HEALTH )
AND HUMAN SERVICES, )
)
Respondent. )
___________________________________ )
PROFFER ON AWARD OF COMPENSATION1
I. Procedural History
On September 26, 2018, Melissa Zielinski (“petitioner”) filed a petition for compensation
(“petition”) under the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-1 to -
34, as amended. She alleges that, as a result of receiving the influenza vaccine on September 3,
2016, she suffered from a shoulder injury related to vaccine administration (SIRVA). See
Petition. On October 1, 2019, respondent filed his Vaccine Rule 4(c) report, concluding that
petitioner suffered a left SIRVA as defined by the Vaccine Injury Table within the Table
timeframe. On October 8, 2019, the Chief Special Master issued a ruling on entitlement, finding
that petitioner was entitled to compensation for a SIRVA Table injury.
II. Items of Compensation
Based upon the evidence of record, respondent proffers that petitioner should be awarded
a lump sum of $102,960.82 for all damages, with $102,500.00 representative of her pain and
1 This Proffer does not include attorneys’ fees and costs, which the parties intend to
address after the Damages Decision is issued.

Case 1:18-vv-01479-UNJ Document 41 Filed 03/24/20 Page 4 of 5
suffering, and $460.82 representative of out-of-pocket medical expenses. This amount
represents all elements of compensation to which petitioner is entitled under 42 U.S.C. § 300aa-
15(a). Petitioner agrees.
III. Form of the Award
Respondent recommends that the compensation provided to petitioner should be made
through a lump sum payment, as described below, and requests that the Chief Special Master’s
decision and the Court’s judgment award the following: A lump sum payment of $102,960.82 in
the form of a check payable to petitioner.2 Petitioner agrees.
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
HEATHER L. PEARLMAN
Assistant Director
Torts Branch, Civil Division
2 Should petitioner die prior to entry of judgment, respondent would oppose any award
for future medical expenses, future lost earnings, and future pain and suffering, and the parties
reserve the right to move the Court for appropriate relief.
2

Case 1:18-vv-01479-UNJ Document 41 Filed 03/24/20 Page 5 of 5
/s/Traci R. Patton_______
TRACI R. PATTON
Senior Trial Attorney
Torts Branch, Civil Division
U. S. Department of Justice
P.O. Box l46, Benjamin Franklin Station
Washington, D.C. 20044-0146
Direct dial: (202) 353-1589
Dated: February 13, 2020
3