VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_19-vv-01249
Package ID: USCOURTS-cofc-1_19-vv-01249
Petitioner: Becky Benvenuti
Filed: 2019-08-21
Decided: 2023-02-24
Vaccine: influenza
Vaccination date: 2018-11-19
Condition: left shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 37500

AI-assisted case summary:
Becky Benvenuti filed a petition for compensation on August 21, 2019, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) from an influenza vaccine received on November 19, 2018. She stated the vaccination occurred in the United States, her injuries persisted for over six months, and no prior action or compensation had been sought for this injury. Respondent denied that Ms. Benvenuti sustained a SIRVA Table injury, denied the vaccine caused her injury, and denied her condition was a sequela of a vaccine-related injury. Despite these positions, the parties filed a joint stipulation on January 17, 2023, agreeing to settle the case. Chief Special Master Corcoran adopted the stipulation as his decision, awarding Ms. Benvenuti a lump sum of $37,500.00 for all items of damages available under Section 15(a). The decision was finalized on February 24, 2023.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_19-vv-01249-0
Date issued/filed: 2023-02-24
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 01/19/2023 ) regarding 44 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (nh) Service on parties made.
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Case 1:19-vv-01249-UNJ Document 48 Filed 02/24/23 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 19-1249V
UNPUBLISHED
BECKY BENVENUTI, Chief Special Master Corcoran
Petitioner, Filed: January 19, 2023
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)
Nancy Routh Meyers, Turning Point Litigation, Greensboro, NC, for Petitioner.
Alexa Roggenkamp, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION ON JOINT STIPULATION1
On August 21, 2019, Becky Benvenuti 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) resulting from the influenza (flu) vaccination she received on
November 19, 2018. Petition at 1; Stipulation, filed at January 17, 2023, ¶¶ 1-2. Petitioner
further alleges that the vaccination was administered within the United States, Petitioner’s
injuries have persisted for more than six months, and neither she, nor any other party,
has ever filed any action or received compensation in the form of an award for her
vaccine-related injury. Petition at 1, 3-4; Stipulation at ¶¶ 3-5. “Respondent denies that
[P]etitioner sustained a SIRVA Table injury; denies that the vaccine caused [P]etitioner’s
alleged left shoulder injury, and denies that her current condition is a sequela of a vaccine-
related injury.” Stipulation at ¶ 6.
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-01249-UNJ Document 48 Filed 02/24/23 Page 2 of 7
Nevertheless, on January 17, 2023, 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.
Pursuant to the terms stated in the attached Stipulation, I award the following
compensation:
A lump sum of $37,500.00 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 Section 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 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.
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Case 1:19-vv-01249-UNJ Document 48 Filed 02/24/23 Page 3 of 7
IN THE UNITED SfA T ES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
BECKY BENVENUTI,
Petitioner, No. 19-1249V
Chief Special Master Corcoran
V. ECF
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
STIPULATION
The parties hereby stipulate to the following matters:
J. Becky Benvenuti ("petitioner'') filed a petition for vaccine compensation under the
National Vaccine Injury Compensation Program, 42 U.S.C. §§ 300aa-10 to -34 (the "Vaccine
Program"). The petition seeks compensation for injuries allegedly related to petitioner's receipt
of an influenza ("flu") vaccine, which is a vaccine contained in the Vaccine Injury Table (the
"Table"), 42 C.F.R. § l 00.3 (a).
2. Petitioncrrcceived the flu vaccine on November 19, 2018.
3. The vaccination was administered within the United States.
4. Petitioner alleges that she sustained a left shoulder injury related to vaccination
administration ("SIRVA") within the time period set forth in the Table following administration
of the flu vaccine, or in the alternative, that her alleged shoulder injury was caused by the flu
vaccine. She further alleges that she experienced the residual effects oft his alleged injury for
more than six months.

Case 1:19-vv-01249-UNJ Document 48 Filed 02/24/23 Page 4 of 7
5. Petitioner represents that there has been no prior award or settlement of a civil action
for damages on her behalf as a result of her alleged injury or condition.
6. Respondent denies that petitioner sustained a SIRVA Table injury; denies that the
vaccine caused petitioner's alleged left shoulder injury or any other injury, and denies that her
current condition is a sequela of a vaccine-related injury.
7. Maintaining their above-stated positions, the parties nevertheless now agree that the
issues between them shaJl be settled and that a decision should be entered awarding the
compensation described in paragraph 8 oft his Stipulation.
8. As soon as practicable after an entry ofj udgment reflecting a decision consistent with
the terms of this Stipulation, and after petitioner has filed an election to receive compensation
pursuant to 42 U.S.C. § 300aa-21 (a)(l ), the Secretary ofH ealth and Human Services will issue
the following vaccine compensation payment:
A lump sum of $37,500.00 in the form ofa check payable to petitioner. This
amount represents compensation for all damages that would be available under 42
U.S.C. § 300aa-1S(a).
9. As soon as practicable after the entry ofj udgment on entitlement in this case, and after
petitioner has filed both a proper and timely election to receive compensation pursuant to
42 U.S.C. § 300aa-21 (a)(l), and an application, the parties will submit to further proceedings
before the special master to award reasonable attorneys' fees and costs incurred in proceeding
upon this petition.
10. Petitioner and her attorney represent that compensation to be provided pursuant to
this Stipulation is not for any items or services for which the Program is not primarily liable
under42 U.S.C. § 300aa-15(g), to the extent that payment has been made or can reasonably be
expected to be made under any State compensation programs, insurance policies, Federal or
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Case 1:19-vv-01249-UNJ Document 48 Filed 02/24/23 Page 5 of 7
State health benefits programs (other than Title XIX of the Social Security Act (42 U.S.C.
§ 1396 et seq.)), or by entities that provide health services on a pre-paid basis.
11. Payment made pursuant to paragraph 8 oft his Stipulation and any amounts awarded
pursuant to paragraph 9 oft his Stipulation will be made in accordance with 42 U.S.C. § 300aa
l 5(i), subject to the availability of sufficient statutory funds.
12. The parties and their attorneys further agree and stipulate that, except for any award
for attorneys' fees and litigation cost.i;, and pastunreimbursed expenses, the money provided
pursuant to this Stipulation will be used solely for the benefit of petitioner as contemplated by a
strict construction of4 2 U. S.C. § 300aa-15(a) and (d), and subject to the conditions of 42 U. S.C.
§ 300aa-1 S(g) and (h).
13. In return for the payments described in paragraphs 8 and 9, petitioner, in her
individual capacity, and on behalf ofh er heirs, executors, administrators, successors or assigns,
docs forever irrevocably and unconditionally release, acquit and discharge the United States and
the Secretary of Health and Human Services from any and all actions or causes of action
{including agreements, judgments, claims, damages, loss of services, expenses and all demands
of whatever kind or nature) that have been brought, could have been brought, or could be timely
brought in the Court of Federal Claims, under the National Vaccine Injury Compensation
Program, 42 U.S.C. § 300aa-10 et seq., on accowitof, orin any way growing out of, any and all
known or unknown, suspected or unsuspected personal injuries to or death ofp etitioner resulting
from, or alleged to have resulted from, the flu vaccination administered on November 19, 2018,
as alleged by petitioner in a petition for vaccine compensation filed on or about August 21, 2019,
in the United States Court of Federal Claims as petition No. l 9-1249V.
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Case 1:19-vv-01249-UNJ Document 48 Filed 02/24/23 Page 6 of 7
14. If petitioner should die prior to entry ofj udgment, this agreement sha11 be voidable
upon proper notice to the Court on behalfo fe ither or both of the parties.
15. If the special master fails to issue a decision in complete conformity with the terms
of this Stipulation or if the Court of Federal Claims fails to enter judgment in confonnity with a
decision that is in complete conformity with the tenns of this Stipulation, then the parties'
settlement and this Stipulation shall be voidable at the sole discretion of either party.
16. This Stipulation expresses a full and complete negotiated settlement of liability and
damages claimed under the National Childhood Vaccine Injury Act of 1986, as amended, except
as otherwise noted in paragraph 9 above. There is absolutely no agreement on the part of the
parties hereto to make any payment or to do any act or thing other than is herein expressly stated
and clearly agreed to. The parties further agree and understand that the award described in this
Stipulation may reflect a compromise of the parties' respective positions as to liability and/or
amount of damages, and further, that a change in the nature of the injury or condition or in the
items of compensation sought, is not grounds to modify or revise this agreement.
17. This Stipulation shall not be construed as an admission by the United States or the
Secretary of Health and Human Services that the flu vaccine caused petitioner's alleged SIRVA
injury or any other injury or her current condition, or that petitioner suffered an injury contained
in the Vaccine Injury Table.
18. All rights and obligations of petitioner hereunder shall apply equally to petitioner's
heirs, executors, administrators, successors, and/or assigns.
END OF STIPULATION
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Case 1:19-vv-01249-UNJ Document 48 Filed 02/24/23 Page 7 of 7
Respectfully submitted,
PETITIONER:
~~
BECBVENTI
ATTORNEYOFRECORD AUTHORIZED REPRESENTATIVE
FOR PETITIONER: OF THE ATTORNEY GENERAL:
~ ,O?+:L.AY P ~.
N~ ERS HEATHER L. PEARLMAN
TURNING POINT LITIGATION Deputy Director
300 North Greene Street, Suite 2000 Torts Branch
Greensboro, NC27401 Civil Division
336-645-3320 U.S. Department of Justice
nmeyers@turningpointlit.com P.O.Box 146
Benjamin Franklin Station
Washington, DC 20044-0146
AUTHORIZED REPRESENTATIVE ATTORNEY OF RECORD FOR
OF THE SECRETARY OF HEAL TH RESPONDENT:
AND HUMAN SERVICES:
George R. Grimes
DigitallyslgnedbyGeorgeR
GrimM•514
-S1 4
Date: 2023.01.04 15:43:00-05'00'
CDR GEORGE REED GRIMES, MD, MPH ALEXA ROGG
Director, Division of Injury Trial Attorney
Compensation Programs Torts Branch
Health Systems Bureau Civil Division
Health Resources and Services U.S. Department of Justice
Administration P.O. Box 146
U.S. Department of Health Benjamin Franklin Station
and Human Services Washington, DC 20044-0146
5 600 Fishers Lane, 08N 146B 202-616-4179
RockvilJe, MD 20857 alexa.roggenkamp@usdoj.gov
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