VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_19-vv-00975 Package ID: USCOURTS-cofc-1_19-vv-00975 Petitioner: Jennifer Panattoni Filed: 2020-12-14 Decided: 2021-03-03 Vaccine: influenza Vaccination date: 2017-11-07 Condition: Shoulder Injury Related to Vaccine Administration (SIRVA) Outcome: compensated Award amount USD: 45388 AI-assisted case summary: Jennifer Panattoni filed a petition for compensation on December 14, 2020, alleging that she suffered a Shoulder Injury Related to Vaccine Administration (SIRVA) as a result of her November 7, 2017 influenza vaccination. The respondent conceded entitlement, stating that Petitioner met the criteria for a Table injury, including no relevant prior history of shoulder issues, onset of pain and reduced range of motion within 48 hours of vaccination, symptoms limited to the vaccinated shoulder, and no other identified condition explaining the symptoms. A ruling on entitlement was issued on December 14, 2020, finding Petitioner entitled to compensation. Subsequently, on January 15, 2021, the respondent proffered an award of $45,388.02, comprising $45,000.00 for pain and suffering and $388.02 for unreimbursable expenses. Petitioner, identified as a competent adult, agreed with the proffered award. A decision awarding damages was issued on March 3, 2021, granting the lump sum payment of $45,388.02. Theory of causation field: Table Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_19-vv-00975-0 Date issued/filed: 2021-02-05 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 12/14/2020) regarding 21 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made. -------------------------------------------------------------------------------- Case 1:19-vv-00975-UNJ Document 29 Filed 02/05/21 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 19-975V UNPUBLISHED JENNIFER PANATTONI, Chief Special Master Corcoran Petitioner, Filed: December 14, 2020 v. Special Processing Unit (SPU); SECRETARY OF HEALTH AND Ruling on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. Lynn Christina Schlie, U.S. Department of Justice, Washington, DC, for respondent. RULING ON ENTITLEMENT1 On July 6, 2019, Jennifer Panattoni 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 that she suffered a Shoulder Injury Related to Vaccine Administration (“SIRVA”) as a result of her November 7, 2017 influenza (“flu”) vaccination. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. 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-00975-UNJ Document 29 Filed 02/05/21 Page 2 of 2 On December 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, 4. Specifically, Respondent indicates that [m]edical personnel at the Division of Injury Compensation Programs, Department of Health and Human Services (“DICP”) have reviewed the petition and medical records filed in this case. It is respondent’s position that petitioner has satisfied the criteria set forth in the Vaccine Injury Table (“Table”) and the Qualifications and Aids to Interpretation (“QAI”). That is, petitioner had no relevant history of pain, inflammation, or dysfunction in her left shoulder; her 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 symptoms. Id. at 4 (citing 42 C.F.R. § 100.3(a), (c)(10)). 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_19-vv-00975-1 Date issued/filed: 2021-03-03 Pages: 4 Docket text: PUBLIC DECISION (Originally filed: 01/19/2021) regarding 25 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made. -------------------------------------------------------------------------------- Case 1:19-vv-00975-UNJ Document 30 Filed 03/03/21 Page 1 of 4 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 19-975V UNPUBLISHED JENNIFER PANATTONI, Chief Special Master Corcoran Petitioner, Filed: January 19, 2021 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) Bridget Candace McCullough, Muller Brazil, LLP, Dresher, PA, for petitioner. Lynn Christina Schlie, U.S. Department of Justice, Washington, DC, for respondent. DECISION AWARDING DAMAGES1 On July 6, 2019, Jennifer Panattoni 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”), a “Table” injury, as a result of her November 7, 2017 influenza (“flu”) vaccination. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. On December 14, 2020, a ruling on entitlement was issued, finding Petitioner entitled to compensation for SIRVA. On January 15, 2021, Respondent filed a proffer on award of compensation (“Proffer”) indicating Petitioner should be awarded $45,388.02. The award is comprised of the following: $45,000.00 for pain and suffering and $388.02 for unreimbursable out of pocket expenses. Proffer at 1. In the Proffer, Respondent 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 1:19-vv-00975-UNJ Document 30 Filed 03/03/21 Page 2 of 4 represented that Petitioner 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 $45,388.02 (comprised of $45,000.00 for pain and suffering and $388.02 for unreimbursable expenses) 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 1:19-vv-00975-UNJ Document 30 Filed 03/03/21 Page 3 of 4 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS __________________________________________ ) JENNIFER PANATTONI, ) ) Petitioner, ) ) No. 19-975V (ECF) v. ) Chief Special Master Corcoran ) SECRETARY OF HEALTH ) AND HUMAN SERVICES, ) ) Respondent. ) __________________________________________) RESPONDENT’S PROFFER ON AWARD OF COMPENSATION On December 10, 2020, respondent conceded that entitlement to compensation was appropriate under the terms of the Vaccine Act. ECF No. 19. Thereafter, on December 14, 2020, Chief Special Master Corcoran issued a Ruling on Entitlement, finding that petitioner was entitled to vaccine compensation for her Shoulder Injury Related to Vaccine Administration (“SIRVA”). ECF No. 21. I. Items of Compensation Based upon the evidence of record, respondent proffers that petitioner should be awarded $45,388.02. The award is comprised of the following: $45,000.00 for pain and suffering and $388.02 for unreimbursable out of pocket expenses. This amount represents all elements of compensation to which petitioner would be entitled under 42 U.S.C. § 300aa-15(a). Petitioner agrees. II. Form of the Award The parties recommend that compensation provided to petitioner should be made through a lump sum payment of $45,388.02, in the form of a check payable to petitioner. Petitioner Case 1:19-vv-00975-UNJ Document 30 Filed 03/03/21 Page 4 of 4 agrees. Petitioner is a competent adult. Evidence of guardianship is not required in this case. Respectfully submitted, JENNIFER B. DICKEY Acting Assistant Attorney General C. SALVATORE D’ALESSIO Acting Director Torts Branch, Civil Division HEATHER L. PEARLMAN Acting Deputy Director Torts Branch, Civil Division ALEXIS B. BABCOCK Assistant Director Torts Branch, Civil Division /s/ LYNN C. SCHLIE Lynn C. Schlie Trial Attorney Torts Branch, Civil Division U.S. Department of Justice P.O. Box 146 Benjamin Franklin Station Washington, D.C. 20044-0146 Tel: (202) 616-3667 Fax: (202) 616-4310 Dated: January 15, 2021