VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_19-vv-01313 Package ID: USCOURTS-cofc-1_19-vv-01313 Petitioner: Anna Sinopoli Filed: 2019-08-29 Decided: 2021-10-08 Vaccine: influenza Vaccination date: 2017-10-23 Condition: shoulder injuries related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 90000 AI-assisted case summary: Anna Sinopoli filed a petition for compensation under the National Vaccine Injury Compensation Program alleging that she suffered shoulder injuries related to vaccine administration (SIRVA) resulting from an influenza vaccine she received on October 23, 2017. The respondent conceded that Ms. Sinopoli suffered a Table SIRVA and that no other causes for her injury were identified. The respondent also confirmed that the statutory six-month sequela requirement was satisfied. Based on the respondent's concession and the medical records, the court found Ms. Sinopoli entitled to compensation for her left upper extremity SIRVA and its related sequelae. Subsequently, the parties submitted a proffer on the award of compensation. The respondent proffered that Ms. Sinopoli should be awarded $90,000.00 in actual pain and suffering, to which Ms. Sinopoli agreed. The court accepted this proffer and awarded Ms. Sinopoli a lump sum payment of $90,000.00. Theory of causation field: Table Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_19-vv-01313-0 Date issued/filed: 2021-03-26 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 02/23/2021) regarding 26 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made. -------------------------------------------------------------------------------- Case 1:19-vv-01313-UNJ Document 29 Filed 03/26/21 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 19-1313V UNPUBLISHED ANNA SINOPOLI, Chief Special Master Corcoran Petitioner, Filed: February 23, 2021 v. Special Processing Unit (SPU); SECRETARY OF HEALTH AND Ruling on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) Paul R. Brazil, Muller Brazil, LLP, Dresher, PA, for petitioner. Alexa Roggenkamp, U.S. Department of Justice, Washington, DC, for respondent. RULING ON ENTITLEMENT1 On August 29, 2019, Anna Sinopoli 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 shoulder injuries related to vaccine administration (SIRVA), resulting from the influenza (flu) vaccine she received on October 23, 2017. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. On February 12, 2021, 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 determined that “[P]etitioner suffered a Table SIRVA. No other causes for [P]etitioner’s SIRVA were identified . . . . In addition, given the medical 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-01313-UNJ Document 29 Filed 03/26/21 Page 2 of 2 records outlined above, the statutory six month sequela requirement has been satisfied . . . . Therefore, based on the current record, [P]etitioner has satisfied all legal prerequisites for compensation under the Act.” Id. at 4-5. Respondent further agrees that the scope of damages to be awarded is limited to Petitioner’s SIRVA of her left upper extremity and its related sequelae only. Id. 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-01313-1 Date issued/filed: 2021-10-08 Pages: 4 Docket text: PUBLIC DECISION (Originally filed: 09/03/2021) regarding 34 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made. -------------------------------------------------------------------------------- Case 1:19-vv-01313-UNJ Document 38 Filed 10/08/21 Page 1 of 4 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 19-1313V UNPUBLISHED ANNA SINOPOLI, Chief Special Master Corcoran Petitioner, Filed: September 3, 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) Paul R. Brazil, Muller Brazil, LLP, Dresher, PA, for Petitioner. Alexa Roggenkamp, U.S. Department of Justice, Washington, DC, for Respondent. DECISION AWARDING DAMAGES1 On August 29, 2019, Anna Sinopoli 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) resulting from the influenza (flu) vaccine she received on October 23, 2017. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. On February 23, 2021, a ruling on entitlement was issued, finding Petitioner entitled to compensation for SIRVA. On September 3, 2021, Respondent filed a proffer on award of compensation (“Proffer”) indicating Petitioner should be awarded $90,000.00 in actual pain and suffering. Proffer at 1. In the Proffer, Respondent represented that 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-01313-UNJ Document 38 Filed 10/08/21 Page 2 of 4 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 $90,000.00 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.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-01313-UNJ Document 38 Filed 10/08/21 Page 3 of 4 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS ANNA SINOPOLI, Petitioner, No. 19-1313V Chief Special Master Corcoran v. ECF SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. RESPONDENT’S PROFFER ON AWARD OF COMPENSATION On August 29, 2019, Anna Sinopoli (“petitioner”), filed a Petition for compensation under the National Childhood Vaccine Injury Act of 1986, as amended (“the Vaccine Act” or “the Act”), 42 U.S.C. §§ 300aa-1 to -34, alleging that she suffered a shoulder injury related to vaccine administration (“SIRVA”) in her left shoulder as a result of an influenza (“flu”) vaccine administered on October 23, 2017. Petition (“Pet.”) at 1. On February 12, 2021, the Secretary of Health and Human Services (“respondent”) filed a Rule 4(c) Report indicating that this case is appropriate for compensation under the terms of the Act, and on February 23, 2021, the Chief Special Master issued a Ruling on Entitlement finding petitioner entitled to compensation. ECF No. 25; ECF No. 26. I. Items of Compensation Pain and Suffering Respondent proffers that petitioner, Anna Sinopoli, should be awarded $90,000.00 in actual pain and suffering. See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees. The above amounts represent all elements of compensation to which petitioner would be Case 1:19-vv-01313-UNJ Document 38 Filed 10/08/21 Page 4 of 4 entitled under 42 U.S.C. § 300aa-15(a). Petitioner agrees. II. Form of the Award Petitioner is a competent adult. Evidence of guardianship is not required in this case. Respondent recommends that the compensation provided to petitioner be made through a lump sum payment as described below: A lump sum payment of $90,000.00, in the form of a check payable to petitioner, Anna Sinopoli. Respectfully submitted, BRIAN M. BOYNTON Acting Assistant Attorney General C. SALVATORE D’ALESSIO Acting Director Torts Branch, Civil Division HEATHER L. PEARLMAN Deputy Director Torts Branch, Civil Division ALEXIS B. BABCOCK Assistant Director Torts Branch, Civil Division /s/ Alexa Roggenkamp ALEXA ROGGENKAMP Trial Attorney Torts Branch, Civil Division U.S. Department of Justice P.O. Box 146 Benjamin Franklin Station Washington, D.C. 20044-0146 (202) 616-4179 alexa.roggenkamp@usdoj.gov DATED: September 3, 2021 2