VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_18-vv-01771 Package ID: USCOURTS-cofc-1_18-vv-01771 Petitioner: Regina Sarcone Filed: 2018-11-16 Decided: 2020-07-01 Vaccine: influenza Vaccination date: 2017-10-18 Condition: Shoulder Injury Related to Vaccine Administration (SIRVA) Outcome: compensated Award amount USD: 55779 AI-assisted case summary: Regina Sarcone filed a petition on November 16, 2018, seeking compensation under the National Vaccine Injury Compensation Program. She alleged that she suffered a Shoulder Injury Related to Vaccine Administration (SIRVA) after receiving an influenza vaccine on or about October 18, 2017, and that she experienced residual effects for more than six months. The respondent denied that Ms. Sarcone sustained a SIRVA Table injury or that her condition was a sequela of a vaccine-related injury. Despite these denials, the parties filed a joint stipulation on July 1, 2020, agreeing to an award of compensation. Chief Special Master Brian H. Corcoran reviewed the stipulation, found it reasonable, and adopted it as the decision. Ms. Sarcone was awarded a lump sum of $55,779.17, payable to her, representing compensation for all items of damages available under the Vaccine Act. The public decision does not describe the specific onset of symptoms, medical examinations, diagnostic tests, treatments, or expert witnesses. Petitioner was represented by Nicholas Edward Bunch of White, Getgey & Meyer, and respondent was represented by Linda Sara Renzi of the U.S. Department of Justice. Theory of causation field: Petitioner Regina Sarcone alleged a Shoulder Injury Related to Vaccine Administration (SIRVA) following an influenza vaccine administered on or about October 18, 2017. The respondent denied a SIRVA Table injury or sequela. The parties filed a joint stipulation on July 1, 2020, agreeing to compensation. Chief Special Master Brian H. Corcoran adopted the stipulation, awarding $55,779.17. The public text indicates a "Table" theory of causation was considered, but does not detail the specific mechanism, expert testimony, or evidence presented by either party. Petitioner's counsel was Nicholas Edward Bunch, and respondent's counsel was Linda Sara Renzi. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_18-vv-01771-0 Date issued/filed: 2020-08-05 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 07/01/2020) regarding 33 DECISION Stipulation/Proffer, Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made. -------------------------------------------------------------------------------- Case 1:18-vv-01771-UNJ Document 42 Filed 08/05/20 Page 1 of 7 CORRECTED In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 18-1771V UNPUBLISHED REGINA SARCONE, Chief Special Master Corcoran Petitioner, Filed: July 1, 2020 v. Special Processing Unit (SPU); Joint SECRETARY OF HEALTH AND Stipulation on Damages; Influenza HUMAN SERVICES, (Flu) Vaccine; Shoulder Injury Related to Vaccine Administration Respondent. (SIRVA) Nicholas Edward Bunch, White, Getgey & Meyer, Cincinnati, OH, for Petitioner. Linda Sara Renzi, U.S. Department of Justice, Washington, DC, for respondent. DECISION ON JOINT STIPULATION1 On November 16, 2018, Regina Sarcone 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 (“flu”) vaccine she received on or about October 18, 2017. Petition at 1; Stipulation, issued at July 1, 2020, ¶¶ 4-6. Petitioner further alleges that she experienced the residual effects of this condition for more than six months. Petition at 2; Stipulation at ¶ 4. “Respondent denies petitioner sustained a SIRVA Table injury; and denies that her current condition is a sequela of a vaccine-related injury.” Stipulation at ¶ 6. Nevertheless, on July 1, 2020, the parties filed the attached joint stipulation, stating that a decision should be entered awarding compensation. I find the stipulation reasonable and adopt it as my decision awarding damages, on the terms set forth therein. 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-01771-UNJ Document 42 Filed 08/05/20 Page 2 of 7 Pursuant to the terms stated in the attached Stipulation, I award the following compensation: A lump sum of $55,779.17, in the form of a check payable to Petitioner. Stipulation at ¶ 8. This amount represents compensation for all items of damages that would be available under § 15(a). Id. I approve the requested amount for Petitioner’s compensation. In the absence of a motion for review filed pursuant to RCFC Appendix B, 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-01771-UNJ Document 42 Filed 08/05/20 Page 3 of 7 Case 1:18-vv-01771-UNJ Document 42 Filed 08/05/20 Page 4 of 7 Case 1:18-vv-01771-UNJ Document 42 Filed 08/05/20 Page 5 of 7 Case 1:18-vv-01771-UNJ Document 42 Filed 08/05/20 Page 6 of 7 Case 1:18-vv-01771-UNJ Document 42 Filed 08/05/20 Page 7 of 7