VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_19-vv-01297 Package ID: USCOURTS-cofc-1_19-vv-01297 Petitioner: Catherine Cutrone Filed: 2019-08-27 Decided: 2025-07-09 Vaccine: influenza Vaccination date: 2018-09-12 Condition: right shoulder and arm injury Outcome: compensated Award amount USD: 102500 AI-assisted case summary: Catherine Cutrone filed a petition under the National Vaccine Injury Compensation Program on August 27, 2019, alleging that she suffered an injury to her right shoulder and arm as a result of her influenza vaccination administered on September 12, 2018. She further alleged that she experienced residual effects of the condition for more than six months, that no civil action for damages had been filed, and that the vaccine was administered in the United States. The respondent denied that petitioner sustained a right shoulder injury, denied that the flu vaccine caused her alleged shoulder injury or any other injury, and denied that her current condition was a sequela of a vaccine-related injury. Despite the respondent's denials, the parties filed a joint stipulation on July 9, 2025, agreeing that compensation should be awarded. Special Master Daniel T. Horner found the stipulation reasonable and adopted it as the decision of the Court. Pursuant to the stipulation, Ms. Cutrone was awarded a lump sum of $102,500.00, to be paid via ACH deposit to her counsel's IOLTA account for prompt disbursement. This amount represents compensation for all items of damages available under § 15(a). The public decision does not describe the specific onset of symptoms, medical examinations, diagnostic tests, treatments, or expert witnesses. Petitioner was represented by Leah VaSahnja Durant of the Law Offices of Leah V. Durant, PLLC, and respondent was represented by Katherine Carr Esposito of the U.S. Department of Justice. Theory of causation field: Petitioner Catherine Cutrone alleged a right shoulder and arm injury resulting from an influenza vaccination on September 12, 2018. The respondent denied the injury and causation. The parties filed a joint stipulation agreeing to compensation, which was adopted by Special Master Daniel T. Horner on July 9, 2025. The award was a lump sum of $102,500.00 for all damages. The public decision does not specify the theory of causation, the mechanism of injury, or name any experts. The case was resolved via stipulation. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_19-vv-01297-0 Date issued/filed: 2025-08-04 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 7/9/2025) regarding 76 DECISION Stipulation/Proffer. Signed by Special Master Daniel T. Horner. (ksb) Service on parties made. -------------------------------------------------------------------------------- Case 1:19-vv-01297-UNJ Document 80 Filed 08/04/25 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 19-1297V Filed: July 9, 2025 CATHERINE CUTRONE, Petitioner, v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Leah VaSahnja Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC, for petitioner. Katherine Carr Esposito, U.S. Department of Justice, Washington, DC, for respondent. DECISION ON JOINT STIPULATION1 On August 27, 2019, petitioner filed a petition for compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa, et seq.2 (2012) (the “Vaccine Act”). Petitioner alleges that she suffered an injury to her right shoulder and arm as a result of her September 12, 2018 influenza (“flu”) vaccination. Petition at 1; Stipulation, filed July 9, 2025, at ¶ 4. Petitioner further alleges that she has experienced the residual effects of her condition for more than six months, that there has been no prior award or settlement of a civil action for damages as a result of her condition, and that her vaccine was administered in the United States. Petition at 3; Stipulation at ¶¶ 3-5. “Respondent denies that petitioner sustained a right shoulder injury; denies that the flu vaccine caused petitioner’s alleged shoulder injury, or any other injury; and denies that her current condition is a sequela of a vaccine-related injury. ” Stipulation at ¶ 6. 1 Because this document contains a reasoned explanation for the action taken in this case, it must be made publicly accessible and will be posted on the United States Court of Federal Claims' website, and/or at https://www.govinfo.gov/app/collection/uscourts/national/cofc, in accordance with the E-Government Act of 2002. 44 U.S.C. § 3501 note (2018) (Federal Management and Promotion of Electronic Government Services). This means the document 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-01297-UNJ Document 80 Filed 08/04/25 Page 2 of 7 Nevertheless, on July 9, 2025, 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 the decision of the Court in 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 $102,500.00 to be paid through an ACH deposit to petitioner’s counsel’s IOLTA account for prompt disbursement to petitioner. Stipulation at ¶ 8. This amount represents compensation for all items of damages that would be available under § 15(a). Id. 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/Daniel T. Horner Daniel T. Horner 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-01297-UNJ Document 80 Filed 08/04/25 Page 3 of 7 Case 1:19-vv-01297-UNJ Document 80 Filed 08/04/25 Page 4 of 7 Case 1:19-vv-01297-UNJ Document 80 Filed 08/04/25 Page 5 of 7 Case 1:19-vv-01297-UNJ Document 80 Filed 08/04/25 Page 6 of 7 Case 1:19-vv-01297-UNJ Document 80 Filed 08/04/25 Page 7 of 7