VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_19-vv-00635
Package ID: USCOURTS-cofc-1_19-vv-00635
Petitioner: Patricia Slugo
Filed: 2019-04-30
Decided: 2022-03-03
Vaccine: influenza
Vaccination date: 2017-09-26
Condition: left shoulder injuries related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 109801

AI-assisted case summary:
Patricia Slugo filed a petition for compensation under the National Vaccine Injury Compensation Program alleging that she suffered a left shoulder injury related to vaccine administration (SIRVA) as a result of an influenza vaccination she received on September 26, 2017. The respondent conceded that Petitioner was entitled to compensation, agreeing that she met the criteria for a Table injury. Specifically, the respondent noted that Petitioner had no prior history of shoulder issues, her pain and reduced range of motion occurred within 48 hours of the vaccination, her symptoms were limited to the injection shoulder, and no other condition explained her symptoms. The case proceeded to a damages hearing as the parties could not informally resolve the issue. Petitioner sought $110,000.00 for pain and suffering, while the respondent recommended $80,000.00. The Chief Special Master awarded Patricia Slugo a total of $109,801.42, which included $108,000.00 for actual pain and suffering, $900.00 for unreimbursable expenses, and $901.42 for lost wages.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_19-vv-00635-0
Date issued/filed: 2020-09-14
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 08/11/2020) regarding 24 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:19-vv-00635-UNJ Document 27 Filed 09/14/20 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 19-635V
UNPUBLISHED
PATRICIA SLUGO, Chief Special Master Corcoran
Petitioner, Filed: August 11, 2020
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)
Bridget Candace McCullough, Muller Brazil, LLP, Dresher, PA, for petitioner.
Kyle Edward Pozza, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
On April 30, 2019, Patricia Slugo 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 left shoulder injuries related to vaccine
administration (SIRVA). Petition at 1. The case was assigned to the Special Processing
Unit of the Office of Special Masters.
On August 3, 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. Specifically, Respondent’s position is that “[P]etitioner has satisfied the criteria set forth
in the Vaccine Injury Table (Table) and Qualifications and Aids to Interpretation (QAI);
[P]etitioner had no history of pain, inflammation or dysfunction in her left shoulder; her
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 1:19-vv-00635-UNJ Document 27 Filed 09/14/20 Page 2 of 2
pain and reduced range of motion occurred within 48 hours of receipt of an intramuscular
vaccination; her symptoms were limited to the shoulder in which the vaccine was
administered; and no other condition or abnormality was identified to explain her initial
symptoms.” Id. at 4. Respondent further agrees that the scope of damages to be awarded
is limited to Petitioner’s SIRVA and its related sequelae only. Id. at 5.
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_19-vv-00635-1
Date issued/filed: 2022-03-03
Pages: 3
Docket text: PUBLIC DECISION (Originally filed: 01/31/2022) regarding 44 DECISION of Special Master Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:19-vv-00635-UNJ Document 50 Filed 03/03/22 Page 1 of 3
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 19-0635V
UNPUBLISHED
PATRICIA SLUGO, Chief Special Master Corcoran
Petitioner, Filed: January 31, 2022
v.
Special Processing Unit (SPU);
SECRETARY OF HEALTH AND Decision Awarding Damages; Pain
HUMAN SERVICES, and Suffering; Influenza (Flu)
Vaccine; Shoulder Injury Related to
Respondent. Vaccine Administration (SIRVA)
Bridget Candace McCullough, Muller Brazil, LLP, Dresher, PA, for Petitioner.
Kyle Edward Pozza, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On April 30, 2019, Patricia Slugo 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 an influenza (“flu”) vaccination she received on
September 26, 2017. Petition at 1. The case was assigned to the Special Processing Unit
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 Section references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. §
300aa (2012).

Case 1:19-vv-00635-UNJ Document 50 Filed 03/03/22 Page 2 of 3
of the Office of Special Masters. Because the parties could not informally resolve the
issue of damages, they were ordered to file briefs setting forth their respective arguments
and were notified that I would resolve this dispute via an expedited “Motions Day” hearing,
which ultimately took place on January 28, 2022
Petitioner seeks an award of $110,000.00 in compensation for Petitioner’s actual
pain and suffering. Respondent recommends an award of $80,000.00.
After listening to the arguments of both sides, I issued an oral ruling on damages
constituting my findings of fact and conclusions of law, pursuant to Section 12(d)(3)(A),
at the conclusion of the January 28, 2022 hearing. An official recording of the proceeding
was taken by a court reporter, although a transcript has not yet been filed in this matter. I
hereby fully adopt and incorporate that oral ruling as officially recorded. As discussed
during my oral ruling, in another recent decision I discussed at length the legal standard
to be considered in determining damages and prior SIRVA compensation within SPU. I
fully adopt and hereby incorporate my prior discussion in Sections II and III of Winkle v.
Sec’y Health & Human Servs., No. 20-0485V, 2022 WL 221643, at *2-4 (Fed. Cl. Spec.
Mstr. Jan. 11, 2022) to the instant ruling and decision. Additionally, the official recording
of my oral ruling includes my discussion of various comparable cases as well as specific
facts relating to Petitioner’s medical history and experience that further informed my
decision awarding damages herein.
Based on my consideration of the complete record as a whole and for the reasons
discussed in my oral ruling, pursuant to Section 12(d)(3)(A), I find that $108,000.00
represents a fair and appropriate amount of compensation for Petitioner’s actual
pain and suffering.3 I also find that Petitioner is entitled to $900.00 in actual
unreimbursable expenses and $901.42 in lost wages.
Accordingly, I award Petitioner a lump sum payment of $109,801.42 in the form
of a check payable to Petitioner. This amount represents compensation for all damages
that would be available under Section 15(a).
The clerk of the court is directed to enter judgment in accordance with this
decision.4
3 Since this amount is being awarded for actual, rather than projected, pain and suffering, no reduction to
net present value is required. See Section 15(f)(4)(A); Childers v. Sec’y of Health & Human Servs., No. 96-
0194V, 1999 WL 159844, at *1 (Fed. Cl. Spec. Mstr. Mar. 5, 1999) (citing Youngblood v. Sec’y of Health &
Human Servs., 32 F.3d 552 (Fed. Cir. 1994)).
4 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 1:19-vv-00635-UNJ Document 50 Filed 03/03/22 Page 3 of 3
IT IS SO ORDERED.
s/Brian H. Corcoran
Brian H. Corcoran
Chief Special Master
3