VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_18-vv-01482
Package ID: USCOURTS-cofc-1_18-vv-01482
Petitioner: Mary Riviere
Filed: 2018-09-26
Decided: 2020-05-14
Vaccine: pneumococcal conjugate
Vaccination date: 2016-11-03
Condition: cellulitis, sepsis injuries, and left extremity injuries
Outcome: compensated
Award amount USD: 55000

AI-assisted case summary:
Mary Riviere filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she suffered cellulitis, sepsis injuries, and left extremity injuries caused in fact by the pneumococcal conjugate vaccine she received on November 3, 2016. The respondent conceded that entitlement to compensation was appropriate, agreeing that a preponderance of the medical evidence established that Ms. Riviere's left upper extremity cellulitis was caused-in-fact by the vaccine. Following the ruling on entitlement, the parties submitted a proffer on award of compensation. The respondent proffered that Ms. Riviere should be awarded $55,000.00 for pain and suffering, representing all elements of compensation to which she is entitled. Ms. Riviere, an adult, agreed with this proffered award. The Chief Special Master issued a decision awarding Ms. Riviere a lump sum payment of $55,000.00 for pain and suffering.

Theory of causation field:
Off-Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_18-vv-01482-0
Date issued/filed: 2019-12-27
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 11/08/2019) regarding 27 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (ypb) Service on parties made.
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Case 1:18-vv-01482-UNJ Document 31 Filed 12/27/19 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 18-1482V
UNPUBLISHED
MARY RIVIERE, Chief Special Master Corcoran
Petitioner, Filed: November 8, 2019
v.
Special Processing Unit (SPU);
SECRETARY OF HEALTH AND Ruling on Entitlement; Concession;
HUMAN SERVICES, Causation-In-Fact; Pneumococcal
Conjugate Vaccine; Cellulitis
Respondent.
Shealene Priscilla Mancuso, Muller Brazil, LLP, Dresher, PA, for petitioner.
Mark Kim Hellie, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
On September 26, 2018, Mary Riviere 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 cellulitis, sepsis injuries and left
extremity injuries caused in fact by the administration of the pneumococcal conjugate
vaccine she received on November 3, 2016. Petition at 1, ¶¶ 2, 14. Petitioner further
alleges that she received the influenza vaccination in the United States, that she
suffered the residual effects of her injuries for more than six months, and that neither
she nor any other party has filed a civil action or received compensation for her injuries,
alleged as vaccine caused. Petition at ¶¶ 2, 14-16. The case was assigned to the
Special Processing Unit of the Office of Special Masters.
1 I intend 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, I agree that the identified
material fits within this definition, I will redact such material from public access. 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).
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-01482-UNJ Document 31 Filed 12/27/19 Page 2 of 2
On November 8, 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 “[has] concluded that a preponderance of the
medical evidence establishes that petitioner’s left upper extremity cellulitis was caused-
in-fact by the pneumococcal vaccine she received on November 3, 2016.” Id. at 4.
Respondent further agrees that “based on the record as it now stands, petitioner has
satisfied all legal prerequisites for compensation under the Vaccine Act.” Id.
In view of Respondent’s position and the evidence of record, I find 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-01482-1
Date issued/filed: 2020-05-14
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 04/13/2020) regarding 36 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:18-vv-01482-UNJ Document 42 Filed 05/14/20 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 18-1482V
UNPUBLISHED
MARY RIVIERE, Chief Special Master Corcoran
Petitioner, Filed: April 13, 2020
v.
Special Processing Unit (SPU);
SECRETARY OF HEALTH AND Damages Decision Based on Proffer;
HUMAN SERVICES, Pneumococcal Conjugate Vaccine;
Cellulitis
Respondent.
Amy A. Senerth, Muller Brazil, LLP, Dresher, PA, for petitioner.
Mark Kim Hellie, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
On September 26, 2018, Mary Riviere 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 alleged that she suffered cellulitis, sepsis injuries, and left
extremity injuries caused in fact by the administration of the pneumococcal conjugate
vaccine she received on November 3, 2016. Petition at 1, ¶¶ 2, 14.The case was
assigned to the Special Processing Unit of the Office of Special Masters.
On November 8, 2019, a ruling on entitlement was issued, finding Petitioner
entitled to compensation for her cellulitis. On April 13, 2020, Respondent filed a proffer
on award of compensation (“Proffer”) indicating Petitioner should be awarded
$55,000.00, representing compensation for her pain and suffering. Proffer at 1. In the
Proffer, Respondent represented that Petitioner agrees with the proffered award. Id.
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-01482-UNJ Document 42 Filed 05/14/20 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 $55,000.00, representing compensation for Petitioner’s pain and
suffering, 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-01482-UNJ Document 42 Filed 05/14/20 Page 3 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
MARY RIVIERE,
Petitioner,
Case No. 18-1482V (ECF)
v. CHIEF SPECIAL MASTER
CORCORAN
SECRETARY OF HEALTH
AND HUMAN SERVICES,
Respondent.
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On September 26, 2018, petitioner filed a petition seeking compensation under the
Vaccine Act for cellulitis/sepsis in her upper left arm that she claimed occurred following
a pneumococcal conjugate (“pneumococcal”) vaccine administered on November 3,
2016. On November 8, 2019, respondent conceded that entitlement to compensation was
appropriate under the terms of the Vaccine Act. Thereafter, on December 27, 2019, the
Special Master issued a Ruling on Entitlement, finding that petitioner was entitled to
vaccine compensation under the Vaccine Act.
I. Items of Compensation
Based upon the evidence of record, respondent proffers that petitioner should be
awarded $55,000.00, for pain and suffering. This amount represents all elements of
compensation to which petitioner is entitled under 42 U.S.C. § 300aa-15(a). Petitioner
agrees.

Case 1:18-vv-01482-UNJ Document 42 Filed 05/14/20 Page 4 of 5
II. Form of the Award
The parties recommend that compensation provided to petitioner should be made
through a lump sum payment described below, and request that the Chief Special
Master’s decision and the Court’s judgment award the following: 1 a lump sum of
$55,000.00 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.
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
1 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 pain and suffering, and future lost wages.
2

Case 1:18-vv-01482-UNJ Document 42 Filed 05/14/20 Page 5 of 5
s/ Mark K. Hellie
MARK K. HELLIE
Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146, Benjamin Franklin Station
Washington, D.C. 20044-0146
T: (202) 616-4208
E: mark.hellie@usdoj.gov
DATED: April 13, 2020
3