VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_18-vv-01676
Package ID: USCOURTS-cofc-1_18-vv-01676
Petitioner: Cecilia Nuss
Filed: 2020-01-10
Decided: 2020-02-26
Vaccine: HPV
Vaccination date: 2017-04-06
Condition: left shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 62500

AI-assisted case summary:
Cecilia Nuss filed a petition for vaccine injury compensation alleging she suffered a left shoulder injury related to vaccine administration (SIRVA) as a result of a Human Papillomavirus (HPV) vaccination received on April 6, 2017. The respondent conceded that Petitioner was entitled to compensation, agreeing that her claim met the Table criteria for SIRVA. Specifically, the respondent noted that she had no prior shoulder issues, experienced pain within forty-eight hours of the vaccination, and her pain and reduced range of motion were limited to the injection shoulder. The respondent further agreed that her condition persisted for more than six months. Based on the concession and the evidence, the Chief Special Master found Petitioner entitled to compensation. Subsequently, the parties stipulated to an award. The respondent proffered that Petitioner should be awarded $62,500.00 for her pain and suffering, which Petitioner agreed to. The decision awarded this lump sum payment to Cecilia Nuss.

Theory of causation field:
Table

Public staged source text:

================================================================================
DOCUMENT 1: USCOURTS-cofc-1_18-vv-01676-0
Date issued/filed: 2020-02-13
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 01/10/2020) regarding 22 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (SW) Service on parties made.
--------------------------------------------------------------------------------
Case 1:18-vv-01676-UNJ Document 29 Filed 02/13/20 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 18-1676V
UNPUBLISHED
CECILIA NUSS, Chief Special Master Corcoran
Petitioner, Filed: January 10, 2020
v.
Special Processing Unit (SPU);
SECRETARY OF HEALTH AND Ruling on Entitlement; Concession;
HUMAN SERVICES, Table Injury; Human Papillomavirus
(HPV) Vaccine; Shoulder Injury
Respondent. Related to Vaccine Administration
(SIRVA)
Kristina Kay Green, Kralovec, Jambois & Schwartz, Chicago, IL, for petitioner.
Heather Lynn Pearlman, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
On October 30, 2018, Cecilia Nuss 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 related to vaccine
administration (“SIRVA”) as a result of a Human Papillomavirus (“HPV”) vaccination
received on April 6, 2017. Petition at 1. The case was assigned to the Special Processing
Unit of the Office of Special Masters.
On January 10, 2020, 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. Respondent agrees that:
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-01676-UNJ Document 29 Filed 02/13/20 Page 2 of 2
[P]etitioner’s claim meets the Table criteria for SIRVA. Specifically,
petitioner had no history of pain, inflammation or dysfunction of the affected
shoulder prior to intramuscular vaccine administration that would explain
the alleged signs, symptoms, examination findings, and/or diagnostic
studies occurring after vaccine injection; she suffered the onset of pain
within forty-eight hours of vaccine administration; her pain and reduced
range of motion were limited to the shoulder in which the intramuscular
vaccine was administered; and there is no other condition or abnormality
present that would explain her symptoms.
Id. at 4. Respondent further agrees that “petitioner’s SIRVA and its sequela persisted for
more than six months after the administration of the vaccine.” 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

================================================================================
DOCUMENT 2: USCOURTS-cofc-1_18-vv-01676-1
Date issued/filed: 2020-02-26
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 01/23/2020) regarding 25 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
--------------------------------------------------------------------------------
Case 1:18-vv-01676-UNJ Document 30 Filed 02/26/20 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 18-1676V
UNPUBLISHED
CECILIA NUSS, 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, Human Papillomavirus (HPV)
Vaccine; Shoulder Injury Related to
Respondent. Vaccine Administration (SIRVA)
Kristina Kay Green, Kralovec, Jambois & Schwartz, Chicago, IL, for petitioner.
Heather Lynn Pearlman, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
On October 30, 2018, Cecilia Nuss 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 related to vaccine
administration (“SIRVA”) as a result of a Human Papillomavirus (“HPV”) vaccination
received on April 6, 2017. Petition at 1. The case was assigned to the Special Processing
Unit of the Office of Special Masters.
On January 10, 2020, a ruling on entitlement was issued, finding Petitioner entitled
to compensation for SIRVA. On January 22, 2020, Respondent filed a proffer on award
of compensation (“Proffer”) indicating Petitioner should be awarded $62,500.00 for her
pain and suffering. Proffer at 1. In the Proffer, Respondent represented that Petitioner
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-01676-UNJ Document 30 Filed 02/26/20 Page 2 of 4
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 $62,500.00 (for pain and suffering) in the form of a check payable
to Petitioner. This amount represents all elements of compensation to which Petitioner
is entitled 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-01676-UNJ Document 30 Filed 02/26/20 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
)
CECILIA NUSS, )
)
Petitioner, )
) No. 18-1676V
v. ) Chief Special Master Corcoran
) ECF
SECRETARY OF HEALTH AND HUMAN )
SERVICES, )
)
Respondent. )
)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On October 30, 2018, Cecilia Nuss (“petitioner”) filed a petition for vaccine injury
compensation alleging that she suffered a shoulder injury related to vaccine administration
(“SIRVA”) as result of a human papilloma virus (“HPV”) vaccine administered on April 6, 2017.
On January 10, 2020, respondent conceded that entitlement to compensation was appropriate
under the terms of the Vaccine Act. The same day, Chief Special Master Corcoran issued a
Ruling on Entitlement finding that petitioner was entitled to compensation.
I. Items of Compensation
Based upon the evidence of record, respondent proffers that petitioner should be awarded
$62,500.00 for her 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.
II. Form of the Award
Respondent recommends that the compensation provided to petitioner be made through a
1

Case 1:18-vv-01676-UNJ Document 30 Filed 02/26/20 Page 4 of 4
lump sum payment of $62,500.00 in the form of a check payable to petitioner.1 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
ALEXIS B. BABCOCK
Assistant Director
Torts Branch, Civil Division
/s/ Heather L. Pearlman
HEATHER L. PEARLMAN
Assistant Director
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146
Benjamin Franklin Station
Washington, D.C. 20044-0146
Phone: (202) 353-2699
Email: heather.pearlman2@usdoj.gov
DATED: January 22, 2020
1 Should petitioner die prior to the entry of judgment, respondent reserves 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