VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_18-vv-01718
Package ID: USCOURTS-cofc-1_18-vv-01718
Petitioner: Justine Amato
Filed: 2018-11-06
Decided: 2020-02-13
Vaccine: influenza
Vaccination date: 2017-09-14
Condition: left Shoulder Injury Related to Vaccine Administration (SIRVA)
Outcome: compensated
Award amount USD: 47500

AI-assisted case summary:
Justine Amato filed a petition for compensation under the National Vaccine Injury Compensation Program alleging she suffered a left Shoulder Injury Related to Vaccine Administration (SIRVA) after receiving the influenza vaccine on September 14, 2017. The respondent conceded that Ms. Amato was entitled to compensation, noting she had no recent history of shoulder pain, her pain occurred within 48 hours of vaccination, was limited to the injection site, and no other condition explained her symptoms. The respondent also agreed that her condition's residual effects lasted more than six months. The Chief Special Master issued a ruling on entitlement based on this concession. Subsequently, the parties reached a proffer on damages, agreeing to an award of $47,500.00. This amount was awarded as a lump sum payment to Ms. Amato, representing compensation for all damages available under the Vaccine Act. The decision was finalized on February 13, 2020.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_18-vv-01718-0
Date issued/filed: 2020-01-17
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 12/12/2019) regarding 28 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:18-vv-01718-UNJ Document 32 Filed 01/17/20 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 18-1718V
UNPUBLISHED
JUSTINE AMATO, Chief Special Master Corcoran
Petitioner, Filed: December 12, 2019
v.
Special Processing Unit (SPU);
SECRETARY OF HEALTH AND Ruling on Entitlement; Concession;
HUMAN SERVICES, Table Injury; Influenza (Flu) Vaccine;
Shoulder Injury Related to Vaccine
Respondent. Administration (SIRVA)
Gregory Spizer, Anapol Weiss, Philadelphia, PA, for petitioner.
Daniel Principato, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
On November 6, 2018, Justine Amato 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) after receiving the influenza (“flu”) vaccine on
September 14, 2017. Petition at 1. The case was assigned to the Special Processing
Unit of the Office of Special Masters.
On December 9, 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 notes that Petitioner had no recent history of
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-01718-UNJ Document 32 Filed 01/17/20 Page 2 of 2
pain, inflammation, or dysfunction of her left shoulder, pain occurred within 48 hours
after receipt of the vaccination, pain was limited to the shoulder where the vaccine was
administered, and no other condition or abnormality has been identified to explain
Petitioner’s shoulder pain. Id. at 2. Respondent further agrees that Petitioner suffered
the residual effects of her condition for more than six months. Id. At 3.
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-01718-1
Date issued/filed: 2020-02-13
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 01/13/2020) regarding 31 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (SW) Service on parties made.
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Case 1:18-vv-01718-UNJ Document 34 Filed 02/13/20 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 18-1718V
UNPUBLISHED
JUSTINE AMATO, Chief Special Master Corcoran
Petitioner, Filed: January 13, 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)
Gregory Spizer, Anapol Weiss, Philadelphia, PA, for petitioner.
Daniel Principato, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
On November 6, 2018, Justine Amato 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) after receiving the influenza (“flu”) vaccine on
September 14, 2017. Petition at 1. The case was assigned to the Special Processing
Unit of the Office of Special Masters.
On December 12, 2019, a ruling on entitlement was issued, finding Petitioner
entitled to compensation for her SIRVA. On January 9, 2020, Respondent filed a proffer
on award of compensation (“Proffer”) indicating Petitioner should be awarded
$47,500.00. Proffer at 1. In the Proffer, Respondent represented that Petitioner agrees
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-01718-UNJ Document 34 Filed 02/13/20 Page 2 of 4
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 $47,500.00 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-01718-UNJ Document 34 Filed 02/13/20 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
____________________________________
)
JUSTINE AMATO, ) No. 18-1718V
) Chief Special Master Corcoran
Petitioner, ) ECF
)
v. )
)
SECRETARY OF HEALTH AND )
HUMAN SERVICES, )
)
Respondent. )
)
PROFFER ON AWARD OF COMPENSATION
I. Compensation for Vaccine Injury-Related Items
On December 9, 2019, respondent filed a Vaccine Rule 4(c) report concluding that
petitioner suffered an injury (SIRVA) that is compensable under the National Childhood Vaccine
Injury Act of 1986, as amended, 42 U.S.C. §§ 300aa-10 to -34. Accordingly, on December 12,
2019, the Chief Special Master issued a Ruling on Entitlement.
Respondent now proffers that, based on the evidence of record, petitioner should be
awarded $47,500.00. This amount represents all elements of compensation to which petitioner
would be entitled under 42 U.S.C. § 300aa-15(a). Petitioner agrees.
II. Items of Compensation and Form of the Award
The parties recommend that the 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
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.

Case 1:18-vv-01718-UNJ Document 34 Filed 02/13/20 Page 4 of 4
A. Petitioner’s Damages
A lump sum payment of $47,500.00 (for pain and suffering) in the form of a check
payable to petitioner, Justine Amato.
B. Guardianship
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
HEATHER L. PEARLMAN
Assistant Director
Torts Branch, Civil Division
/s/ Daniel A. Principato
DANIEL A. PRINCIPATO
Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146
Benjamin Franklin Station
Washington, D.C. 20044-0146
Phone: (202) 616-3662
Fax: (202) 353-2988
Dated: January 8, 2020
2