VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_19-vv-01809 Package ID: USCOURTS-cofc-1_19-vv-01809 Petitioner: Michelle Celentano Filed: 2021-04-29 Decided: 2021-06-04 Vaccine: influenza Vaccination date: 2018-09-28 Condition: left shoulder injuries related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 52152 AI-assisted case summary: Michelle Celentano filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging she suffered a Shoulder Injury Related to Vaccine Administration (SIRVA) resulting from an influenza vaccine received on September 28, 2018. The respondent conceded that Petitioner met the criteria for a Table injury, including the onset of shoulder pain within forty-eight hours after vaccination, pain and reduced range of motion limited to the injected shoulder, and no apparent alternative cause. The respondent further agreed that Petitioner had experienced residual effects for more than six months and satisfied all legal prerequisites for compensation. A ruling on entitlement was issued, finding Petitioner entitled to compensation. Subsequently, the parties reached a stipulation for damages. The court awarded Michelle Celentano a lump sum payment of $52,152.14, which included $50,000.00 for pain and suffering and $2,152.14 for past unreimbursable expenses. This award represents compensation for all damages available under the Act. Theory of causation field: Table Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_19-vv-01809-0 Date issued/filed: 2021-06-01 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 04/29/2021) regarding 26 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made. -------------------------------------------------------------------------------- Case 1:19-vv-01809-UNJ Document 31 Filed 06/01/21 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 19-1809V UNPUBLISHED MICHELLE CELENTANO, Chief Special Master Corcoran Petitioner, Filed: April 29, 2021 v. Special Processing Unit (SPU); SECRETARY OF HEALTH AND Ruling on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) Bridget Candace McCullough, Muller Brazil, LLP, Dresher, PA, for Petitioner. Mollie Danielle Gorney, U.S. Department of Justice, Washington, DC, for Respondent. RULING ON ENTITLEMENT1 On November 26, 2019, Michelle Celentano 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 an influenza (“flu”) vaccine received on September 28, 2018. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. On April 28, 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 agrees that “petitioner has satisfied the criteria set forth in the revised Vaccine Injury Table and the Qualifications and Aids to Interpretation, which 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 section references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. § 300aa (2012). Case 1:19-vv-01809-UNJ Document 31 Filed 06/01/21 Page 2 of 2 afford petitioners a presumption of causation if there is no prior history of pain, inflammation, or dysfunction in the affected shoulder prior to vaccination that would explain the symptoms occurring after vaccination; the onset of shoulder pain occurs within forty-eight hours after the receipt of an intramuscular seasonal flu vaccination; pain and reduced range of motion are limited to the shoulder in which the vaccine was given; and there is no apparent alternative cause. Id. at 3-4. Respondent further agrees that “the medical records demonstrate that petitioner has experienced the residual effects of his SIRVA for more than six months [and] [t]herefore, based on the case record as it now stands, petitioner has satisfied all legal prerequisites for compensation under the Act.” Id. at 4. 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-01809-1 Date issued/filed: 2021-06-04 Pages: 5 Docket text: PUBLIC DECISION (Originally filed: 04/29/2021) regarding 27 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made. -------------------------------------------------------------------------------- Case 1:19-vv-01809-UNJ Document 32 Filed 06/04/21 Page 1 of 5 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 19-1809V UNPUBLISHED MICHELLE CELENTANO, Chief Special Master Corcoran Petitioner, Filed: April 29, 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. Mollie Danielle Gorney, U.S. Department of Justice, Washington, DC, for Respondent. DECISION AWARDING DAMAGES1 On November 26, 2019, Michelle Celentano 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 an influenza vaccine received on September 28, 2018. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. On April 29, 2021, a ruling on entitlement was issued, finding Petitioner entitled to compensation for SIRVA. On April 29, 2021, Respondent filed a proffer on award of compensation (“Proffer”) indicating Petitioner should be awarded $52,152.14. Proffer at 2. In the Proffer, Respondent represented that Petitioner agrees with the proffered award. 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-01809-UNJ Document 32 Filed 06/04/21 Page 2 of 5 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 $52,152.14 (representing $50,000.00 for pain and suffering and $2,152.14 for past 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-01809-UNJ Document 32 Filed 06/04/21 Page 3 of 5 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS ) MICHELLE CELENTANO, ) ) Petitioner, ) ) No. 19-1809V v. ) Chief Special Master Corcoran ) ECF SECRETARY OF HEALTH AND HUMAN ) SERVICES, ) ) Respondent. ) ) RESPONDENT’S PROFFER ON AWARD OF COMPENSATION On November 26, 2019, Michelle Celentano (“petitioner”) filed a petition for compensation under the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-1 to -34 (“Vaccine Act” or “Act”), alleging that she suffered a Shoulder Injury Related to Vaccine Administration (“SIRVA”), as defined in the Vaccine Injury Table, following administration of an influenza vaccine he received on September 28, 2018. Petition at 1. On April 28, 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 for a SIRVA Table injury. At the time of the filing of this Proffer, the Chief Special Master has not yet issued a Ruling on Entitlement. ECF No. 24. I. Items of Compensation A. Pain and Suffering Respondent proffers that petitioner should be awarded $50,000.00 in pain and suffering. See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees. Case 1:19-vv-01809-UNJ Document 32 Filed 06/04/21 Page 4 of 5 B. Past Unreimbursable Expenses Evidence supplied by petitioner documents that she incurred past unreimbursable expenses related to her vaccine-related injury. Respondent proffers that petitioner should be awarded past unreimbursable expenses in the amount of $2,152.14. See 42 U.S.C. § 300aa- 15(a)(1)(B). Petitioner agrees. These amounts represent all elements of compensation to which petitioner is 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 should be made through a lump sum payment as described below and requests that the Chief Special Master’s decision and the Court’s judgment award the following1: a lump sum payment of $52,152.14, in the form of a check payable to petitioner. III. Summary of Recommended Payments Following Judgment Lump sum payable to petitioner, Michelle Celentano: $52,152.14 Respectfully submitted, BRIAN M. BOYNTON Acting Assistant Attorney General C. SALVATORE D’ALESSIO Acting Director Torts Branch, Civil Division HEATHER L. PEARLMAN Acting Deputy Director Torts Branch, Civil Division 1 Should petitioner die prior to entry of judgment, the parties reserve the right to move the Court for appropriate relief. In particular, respondent would oppose any award for future lost earnings and future pain and suffering. 2 Case 1:19-vv-01809-UNJ Document 32 Filed 06/04/21 Page 5 of 5 /s/ Mollie D. Gorney MOLLIE D. GORNEY 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) 616-4029 DATED: April 29, 2021 3