VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_19-vv-01601
Package ID: USCOURTS-cofc-1_19-vv-01601
Petitioner: Silvia Stitt
Filed: 2019-10-15
Decided: 2021-01-21
Vaccine: influenza
Vaccination date: 2017-10-03
Condition: Shoulder Injury Related to Vaccine Administration (SIRVA)
Outcome: compensated
Award amount USD: 75493.68

AI-assisted case summary:
On October 15, 2019, Silvia Stitt filed a Vaccine Program petition after receiving an influenza vaccine in her left arm on October 3, 2017. She alleged that the flu vaccination caused a shoulder injury related to vaccine administration, or SIRVA.

Respondent conceded entitlement in a Rule 4(c) report filed January 5, 2021. Respondent stated that Stitt's alleged left-arm injury was consistent with SIRVA, that it met the requirements of a Table SIRVA claim, that there were no other causes for the left arm injury, and that she suffered sequelae for more than six months. Chief Special Master Brian H. Corcoran granted entitlement on January 5, 2021. The public decisions do not give a broader treatment chronology beyond those SIRVA criteria.

Respondent filed a damages proffer on January 21, 2021, and Stitt agreed. Chief Special Master Corcoran awarded a lump sum of $75,493.68 that day, payable to Stitt, consisting of $75,000.00 for pain and suffering and $493.68 for past unreimbursed expenses. The award represented all damages available under section 15(a). Stitt was represented by Paul R. Brazil of Muller Brazil, LLP.

Theory of causation field:
Influenza vaccine in left arm (October 3, 2017) causing left-arm SIRVA. COMPENSATED. Respondent conceded Table SIRVA: injury consistent with SIRVA, Table requirements met, no other causes for left arm injury, sequelae more than six months. Entitlement granted by Chief Special Master Brian H. Corcoran on January 5, 2021; damages awarded January 21, 2021. Award: $75,493.68 lump sum payable to Silvia Stitt ($75,000.00 pain and suffering + $493.68 past unreimbursed expenses). Attorney: Paul R. Brazil, Muller Brazil, LLP, Dresher, PA.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_19-vv-01601-0
Date issued/filed: 2021-02-23
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 01/05/2021) regarding 20 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
--------------------------------------------------------------------------------
Case 1:19-vv-01601-UNJ Document 27 Filed 02/23/21 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 19-1601V
UNPUBLISHED
SILVIA STITT, Chief Special Master Corcoran
Petitioner, Filed: January 5, 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.
Darryl R. Wishard, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
On October 15, 2019, Silvia Stitt 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 an influenza (“flu”) vaccination that she received in
her left arm on October 3, 2017 caused a Shoulder Injury Related to Vaccine
Administration (SIRVA). Petition at 1. The case was assigned to the Special Processing
Unit of the Office of Special Masters.
On January 5, 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, it is Respondent’s position that Petitioner’s alleged injury is consistent with
SIRVA of the left arm and that it meets the requirements of a Table injury claim for SIRVA.
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-01601-UNJ Document 27 Filed 02/23/21 Page 2 of 2
Id. at 4. Respondent further agrees that there are no other causes for Petitioner’s left arm
injury and that she suffered the sequela of this injury for more than six months. 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

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DOCUMENT 2: USCOURTS-cofc-1_19-vv-01601-1
Date issued/filed: 2021-03-03
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 01/21/2021) regarding 23 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:19-vv-01601-UNJ Document 28 Filed 03/03/21 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 19-1601V
UNPUBLISHED
SILVIA STITT, Chief Special Master Corcoran
Petitioner, Filed: January 21, 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.
Darryl R. Wishard, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
On October 15, 2019, Silvia Stitt 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) as a result of an influenza vaccination she received in her left arm
on October 3, 2017. Petition at 1. The case was assigned to the Special Processing Unit
of the Office of Special Masters.
On January 5, 2021, a ruling on entitlement was issued, finding Petitioner entitled
to compensation for a left SIRVA. ECF 20. On January 21, 2021, Respondent filed a
proffer on award of compensation (“Proffer”) indicating Petitioner should be awarded
$75,493.68, consisting of $75,000.00 for pain and suffering and $493.68 for past
unreimbursed expenses. 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 “§” references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. § 300aa
(2012).

Case 1:19-vv-01601-UNJ Document 28 Filed 03/03/21 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 $75,493.68 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-01601-UNJ Document 28 Filed 03/03/21 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
___________________________________
)
SILVIA STITT, )
)
Petitioner, ) No. 19-1601V ECF
)
v. ) Chief Special Master Corcoran
)
SECRETARY OF HEALTH )
AND HUMAN SERVICES, )
)
Respondent. )
___________________________________ )
PROFFER ON AWARD OF COMPENSATION1
I. Procedural History
On October 15, 2019, Silvia Stitt (“petitioner”) file a petition alleging that an influenza
(“flu”) vaccination that she received in her left arm on October 3, 2017, caused a shoulder injury
related to vaccine administration (“SIRVA”). See Petition. On January 5, 2021, respondent filed
his Vaccine Rule 4(c) report, conceding a Table injury for SIRVA. ECF No. 19. On that same
day, Chief Special Master Corcoran issued a ruling on entitlement, finding that petitioner was
entitled to compensation for SIRVA. ECF No. 20.
II. Items of Compensation
Based upon the evidence of record, respondent proffers that petitioner should be awarded
a lump sum of $75,493.68, consisting of $75,000.00 for pain and suffering, and $493.68 for past
unreimbursed expenses. This amount represents all elements of compensation to which
petitioner is entitled under 42 U.S.C. § 300aa-15(a). Petitioner agrees.
1 This Proffer does not include attorneys’ fees and costs, which the parties intend to
address after the Damages Decision is issued.

Case 1:19-vv-01601-UNJ Document 28 Filed 03/03/21 Page 4 of 4
III. Form of the Award
Respondent recommends that the compensation provided to petitioner should be made
through a lump sum payment of $75,493.68, in the form of a check payable to petitioner.2
Petitioner agrees.
Respectfully submitted,
BRIAN BOYNTON
Acting Assistant Attorney General
C. SALVATORE D’ALESSIO
Acting Director
Torts Branch, Civil Division
ALEXIS B. BABCOCK
Acting Deputy Director
Torts Branch, Civil Division
ALEXIS B. BABCOCK
Assistant Director
Torts Branch, Civil Division
/s/Darryl R. Wishard
DARRYL R. WISHARD
Assistant Director
Torts Branch, Civil Division
U. S. Department of Justice
P.O. Box l46, Benjamin Franklin Station
Washington, D.C. 20044-0146
Direct dial: (202) 616-4357
Dated: January 21, 2021 Fax: (202) 616-4310
2 Should petitioner die prior to entry of judgment, respondent would oppose any award
for future medical expenses, future lost earnings, and future pain and suffering, and the parties
reserve the right to move the Court for appropriate relief.
2