VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-00265
Package ID: USCOURTS-cofc-1_20-vv-00265
Petitioner: Latisha Fontana
Filed: 2021-11-01
Decided: 2022-04-08
Vaccine: influenza
Vaccination date: 2018-10-02
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 67000

AI-assisted case summary:
Latisha Fontana filed a petition for compensation under the National Vaccine Injury Compensation Program on March 9, 2020, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on October 2, 2018. She claimed this injury caused significant pain and suffering for over a year. The respondent filed a Rule 4(c) report on October 28, 2021, conceding that Ms. Fontana was entitled to compensation. The respondent noted that Ms. Fontana had no prior history of shoulder issues, her pain and reduced range of motion occurred within 48 hours of the vaccination, her symptoms were confined to the vaccinated shoulder, and no other condition explained her symptoms. The respondent further agreed that the scope of damages was limited to Petitioner’s left-sided SIRVA and its related sequelae. Chief Special Master Brian H. Corcoran issued a Ruling on Entitlement on November 1, 2021, finding Petitioner entitled to compensation. Subsequently, on March 7, 2022, the respondent filed a proffer on the award of compensation, indicating that Petitioner should be awarded $67,000.00 for pain and suffering, and that Petitioner agreed with this proffered award. Chief Special Master Corcoran issued a Decision Awarding Damages on April 8, 2022, awarding Petitioner a lump sum payment of $67,000.00 in the form of a check payable to Ms. Fontana. This amount represented compensation for all damages available under Section 15(a). Petitioner was represented by Benjamin Paul Kates of Pleban & Petruska Law, and the respondent was represented by Ida Nassar and later Martin Conway Galvin of the U.S. Department of Justice. The public decision does not describe the specific onset of symptoms, clinical details beyond the shoulder injury, diagnostic tests, or treatments. The specific mechanism of injury is not detailed in the public decision, but the case proceeded as a Table injury claim.

Theory of causation field:
Petitioner Latisha Fontana alleged a shoulder injury related to vaccine administration (SIRVA) following an influenza vaccine on October 2, 2018. The respondent conceded entitlement to compensation, noting no prior shoulder history, symptom onset within 48 hours of vaccination, symptoms confined to the vaccinated shoulder, and no other identified condition explaining the symptoms. The case proceeded as a Table injury claim. The respondent's Rule 4(c) Report and the Ruling on Entitlement were issued by Chief Special Master Brian H. Corcoran. A Decision Awarding Damages was issued by Chief Special Master Corcoran on April 8, 2022, based on a proffer from the respondent and agreement from the petitioner. The award stipulated was $67,000.00 for pain and suffering, paid as a lump sum to the petitioner. Petitioner was represented by Benjamin Paul Kates, and respondent was represented by Ida Nassar and Martin Conway Galvin. The public text does not detail the specific mechanism of injury or name any medical experts.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_20-vv-00265-0
Date issued/filed: 2021-12-03
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 11/01/2021) regarding 38 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:20-vv-00265-UNJ Document 42 Filed 12/03/21 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-0265V
UNPUBLISHED
LATISHA FONTANA, Chief Special Master Corcoran
Petitioner, Filed: November 1, 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)
Benjamin Paul Kates, Pleban & Petruska Law, St. Louis, Missouri, for Petitioner.
Ida Nassar, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On March 9, 2020, Latisha Fontana 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”) after an influenza vaccine administered on October 2, 2018.
Petition at ¶¶2, 4. Petitioner further alleges that her SIRVA “caused significant pain and
suffering for more than a year. Petition at ¶¶14. The case was assigned to the Special
Processing Unit of the Office of Special Masters.
On October 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 notes that “Petitioner had no relevant history of pain,
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 1:20-vv-00265-UNJ Document 42 Filed 12/03/21 Page 2 of 2
inflammation, or dysfunction in her left shoulder; her pain and reduced range of motion
occurred within 48 hours of receipt of an intramuscular vaccination; her symptoms were
limited to the shoulder in which the vaccine was administered; and no other condition or
abnormality was identified to explain her symptoms. Id. at 4. Respondent further agrees
that the scope of damages is limited to Petitioner’s left-sided SIRVA 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

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DOCUMENT 2: USCOURTS-cofc-1_20-vv-00265-1
Date issued/filed: 2022-04-08
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 03/07/2022) regarding 47 DECISION Stipulation/Proffer, Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:20-vv-00265-UNJ Document 51 Filed 04/08/22 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-0265V
UNPUBLISHED
LATISHA FONTANA, Chief Special Master Corcoran
Petitioner, Filed: March 7, 2022
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)
Benjamin Paul Kates, Pleban & Petruska Law, St. Louis, MO, for Petitioner.
Martin Conway Galvin, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On March 9, 2021, Latisha Fontana 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 as a result of an
influenza (“flu”) vaccination she received on October 2, 2018. Petition at 1. The case was
assigned to the Special Processing Unit of the Office of Special Masters.
On November 1, 2021, a ruling on entitlement was issued, finding Petitioner
entitled to compensation for left-sided SIRVA. ECF No. 38. On March 7, 2022,
Respondent filed a proffer on award of compensation (“Proffer”) indicating Petitioner
should be awarded $67,000.00 in pain and suffering. Proffer at 1. In the Proffer,
Respondent represented that 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.
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 1:20-vv-00265-UNJ Document 51 Filed 04/08/22 Page 2 of 4
Pursuant to the terms stated in the attached Proffer, I award Petitioner a lump
sum payment of $67,000.00 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 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 1:20-vv-00265-UNJ Document 51 Filed 04/08/22 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
)
LATISHA FONTANA, )
)
Petitioner, )
) No. 20-265
v. ) Chief Special Master Corcoran
) ECF
SECRETARY OF HEALTH AND HUMAN )
SERVICES, )
)
Respondent. )
)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On March 9, 2020, Latisha Fontana (“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 the administration of an influenza
vaccine on October 2, 2018. Petition at 1. On October 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, and on November 1,
2021, the Chief Special Master issued a Ruling on Entitlement finding petitioner entitled to
compensation. ECF No. 37; ECF No. 38.
I. Item of Compensation
Respondent proffers that petitioner should be awarded $67,000.00 in pain and suffering.
See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees.

Case 1:20-vv-00265-UNJ Document 51 Filed 04/08/22 Page 4 of 4
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 and requests that the Chief Special Master’s decision and the Court’s
judgment award the following1: a lump sum payment of $67,000.00, representing economic and
noneconomic damages, in the form of a check payable to petitioner, Latisha Fontana.
III. Summary of Recommended Payment Following Judgment
Lump sum award payable to petitioner, Latisha Fontana: $67,000.00.
Respectfully submitted,
BRIAN M. BOYNTON
Principal Deputy 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/ Martin C. Galvin
MARTIN C. GALVIN
Trial Attorney, Civil Division
U.S. Department of Justice
P.O. Box 146
Benjamin Franklin Station
Washington, D.C. 20044-0146
Tel: (202) 305-3071
Martin.Galvin@usdoj.gov
Dated: March 7, 2022
1 Should petitioner die prior to entry of judgment, the parties reserve the right to move the Court
for appropriate relief.
2