VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-00600
Package ID: USCOURTS-cofc-1_20-vv-00600
Petitioner: Guinevere Paviglianiti
Filed: 2021-08-19
Decided: 2021-09-20
Vaccine: influenza
Vaccination date: 2019-01-04
Condition: Shoulder Injury Related to Vaccine Administration (SIRVA)
Outcome: compensated
Award amount USD: 22935

AI-assisted case summary:
Guinevere Paviglianiti filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she suffered a shoulder injury related to vaccine administration (SIRVA) as a result of her January 4, 2019 influenza vaccination. She stated that the vaccine was administered in the United States, that she suffered residual effects for more than six months, and that there had been no prior award or settlement for her injury. Respondent denied that Ms. Paviglianiti sustained a SIRVA Table injury or that the flu vaccine caused her alleged shoulder injury. Despite these differing positions, the parties filed a joint stipulation agreeing that a decision should be entered awarding compensation. The court adopted the stipulation as its decision, awarding Ms. Paviglianiti a lump sum of $2,935.37 to reimburse a Medicaid lien and an additional $20,000.00 for all other damages. This award represents a settlement of liability and damages claimed under the program.

Theory of causation field:
Table

Public staged source text:

================================================================================
DOCUMENT 1: USCOURTS-cofc-1_20-vv-00600-0
Date issued/filed: 2021-09-20
Pages: 8
Docket text: PUBLIC DECISION (Originally filed: 08/19/2021) regarding 27 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
--------------------------------------------------------------------------------
Case 1:20-vv-00600-UNJ Document 31 Filed 09/20/21 Page 1 of 8
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-600V
UNPUBLISHED
GUINEVERE PAVIGLIANITI, Chief Special Master Corcoran
Petitioner, Filed: August 19, 2021
v.
Special Processing Unit (SPU); Joint
SECRETARY OF HEALTH AND Stipulation on Damages; Influenza
HUMAN SERVICES, (Flu) Vaccine; Shoulder Injury
Related to Vaccine Administration
Respondent. (SIRVA)
Leigh Finfer, Muller Brazil, LLP, Dresher, PA, for Petitioner.
Ronalda Elnetta Kosh, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION ON JOINT STIPULATION1
On May 14, 2020, Guinevere Paviglianiti 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 Table injury – shoulder injury related
to vaccine administration (“SIRVA”) – as a result of her January 4, 2019 influneza (“flu)
vaccination. Petition at 1; Stipulation, filed at August 18, 2021, ¶¶ 1-2, 4. Petitioner further
alleges the vaccine was administered within the United States, that she suffered the
residual effects of her injury for more than six months, and that there has been no prior
award or settlement of a civil action on her behalf as a result of her injury. Stipulation at
¶¶ 3-5; see Petition at ¶¶ 2, 10-11. “Respondent denies that [P]etitioner sustained a
SIRVA Table injury; denies that the flu vaccine caused [P]etitioner’s alleged shoulder
injury, or any other injury; and denies that her current condition is a sequelae of a vaccine-
related injury.” Stipulation at ¶ 6.
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 1:20-vv-00600-UNJ Document 31 Filed 09/20/21 Page 2 of 8
Nevertheless, on August 18, 2021, 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 my decision awarding damages, on the terms set forth therein.
Pursuant to the terms stated in the attached Stipulation, I award the following
compensation:
A. A lump sum of $2,935.37 representing reimbursement of a Medicaid
lien for services rendered to Petitioner by the Commonwealth of
Pennsylvania in the form of a check payable jointly to Petitioner and Equian,
and mailed to:
Mr. Ronald Glaser
Recovery Attorney
Equian
PO Box 182643
Columbus, Ohio 43218
Equian Event Number: 54780553
Petitioner agrees to endorse this check to Equian.
B. A lump sum of $20,000.00, in the form of a check payable to Petitioner.
Stipulation at ¶ 8. This amount represents compensation for all items of
damages that would be available under Section 15(a). Id.
I approve the requested amount for Petitioner’s compensation. 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/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-00600-UNJ Document 31 Filed 09/20/21 Page 3 of 8
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
)
GUINEVERE PA VIGLIANITI )
)
)
Petitioner, )
) No. 20-600V
v. ) Chief Special Master Corcoran
) ECF
SECRETARY OF HEALTH AND )
HUMAN SERVICES, )
)
Respondent. )
STIPULATION
The parties hereby stipulate to the following matters:
1. Guinevere Paviglianiti ("petitioner") filed a petition for vaccine compensation under
the National Vaccine Injury Compensation Program. 42 U.S.C. § 300aa-10 to 34 (the "Vaccine
Program"). The petition seeks compensation for an injury allegedly related to petitioner's receipt
of the influenza ("flu") vaccine, which is contained in the Vaccine Injury Table (the "Table"), 42
C.F.R. § 100.3(a).
2. Petitioner received the flu vaccine on January 4, 2019.
3. The vaccine was administered in the United States.
4. Petitioner alleges that as a result of receiving the flu vaccine, she suffered a Shoulder
Injury Related to Vaccine Administration ("SIRVA") within the Table timeframe. She further
alleges that she suffered the residual effects of her alleged injury for more than six months.
1 of6

Case 1:20-vv-00600-UNJ Document 31 Filed 09/20/21 Page 4 of 8
5. Petitioner represents that there has been no prior award or settlement of a civil action
for damages as a result of her alleged condition.
6. Respondent denies that petitioner sustained a SIRVA Table injury; denies that the flu
vaccine caused petitioner's alleged shoulder injury, or any other injury; and denies that her
current condition is a sequelae of a vaccine-related injury.
7. Maintaining their above-stated positions, the parties nevertheless now agree that the
issues between them shall be settled and that a decision should be entered awarding the
compensation described in paragraph 8 of this Stipulation.
8. As soon as practicable after an entry ofj udgment reflecting a decision consistent with
the terms of this Stipulation, and after petitioner has filed an election to receive compensation
pursuant to 42 U.S.C. § 300aa-21(a)(l), the Secretary of Health and Human Services will issue
the following vaccine compensation payments:
A. A lump sum of $2,935.37, 1 representing reimbursement of a Medicaid lien for
services rendered to petitioner by the Commonwealth of Pennsylvania in the form of
a check payable jointly to petitioner and Equian, and mailed to:
Mr. Ronald Glaser
Recovery Attorney
Equian
PO Box 182643
Columbus, Ohio 43218
Equian Event Number: 54780553
Petitioner agrees to endorse this check to Equian.
B. A lump sum of $20,000.00, in the form of a check payable to petitioner, which
1 This amount represents full satisfaction of any right of subrogation, assignment, claim, lien, or
cause of action the Commonwealth of Pennsylvania may have against any individual as a result
of any Medicaid payments the Pennsylvania Program has made to or on behalf of Guinevere
Paviglianiti as a result of her alleged vaccine-related injury suffered on or about January 4, 2019,
under Title XIX of the Social Security Act, see 42 U.S.C. § 300aa-15(g), (h).
2 of6

Case 1:20-vv-00600-UNJ Document 31 Filed 09/20/21 Page 5 of 8
represents compensation for all remaining damages that would be available under
42 U.S.C. § 300aa-15(a).
These amounts represent compensation for all damages that would be available under 42
U.S.C. § 300aa-15(a).
9. As soon as practicable after the entry of judgment on entitlement in this case, and
after petitioner has filed both a proper and timely election to receive compensation pursuant to
42 U.S.C. § 300aa-2l(a)(l) and an application, the parties will submit to further proceedings
before the special master to award reasonable attorneys' fees and costs incurred in proceeding
upon this petition.
10. Petitioner and her attorney represent that they have identified to respondent all known
sources of payment for items or services for which the Program is not primarily liable under 42
U.S.C. § 300aa-15(g), including State compensation programs, insurance policies, Federal or State
health benefits programs (other than Title XIX of the Social Security Act (42 U.S.C. § 1396 et
seq.)), or entities that provide health services on a pre-paid basis.
11. Payment made pursuant to paragraph 8 of this Stipulation, and any amount awarded
pursuant to paragraph 9, will be made in accordance with 42 U.S.C. § 300aa-15(i), subject to the
availability of sufficient statutory funds.
12. The parties and their attorneys further agree and stipulate that, except for any award
for attorneys' fees and litigation costs, the money provided pursuant to this Stipulation will be
used solely for the benefit of petitioner as contemplated by a strict construction of 42 U.S.C. §
300aa-15(a) and (d), and subject to the conditions of 42 U.S.C. § 300aa-15(g) and (h).
13. In return for the payments described in paragraph 8, and any amount awarded
pursuant to paragraph 9, petitioner, in her individual capacity, and on behalf of her heirs,
3 of6

Case 1:20-vv-00600-UNJ Document 31 Filed 09/20/21 Page 6 of 8
executors, administrators, successors, or assigns, does forever irrevocably and unconditionally
release, acquit and discharge the United States and the Secretary of Health and Human Services
from any and all actions or causes of action (including agreements, judgments, claims, damages,
loss of services, expenses and all demands of whatever kind or nature) that have been brought,
could have been brought, or could be timely brought in the Court of Federal Claims, under the
National Vaccine Injury Compensation Program, 42 U.S.C. § 300aa-10 et seq., on account of, or
in any way growing out of, any and all known or unknown, suspected or unsuspected personal
injuries to or death of petitioner resulting from, or alleged to have resulted from the flu vaccine
administered on January 4, 2019, as alleged in a Petition filed on May 14, 2020, in the United
States Court of Federal Claims as petition No. 20-600V.
14. If petitioner should die prior to entry ofj udgment, this agreement shall be voidable
upon proper notice of the Court on behalf of either or both of the parties.
15. If the special master fails to issue a decision in complete conformity with the terms
of this Stipulation or if the United States Court of Federal Claims fails to enter judgment in
conformity with a decision that is in complete conformity with the terms of this Stipulation, then
the parties' settlement and this Stipulation shall be voidable at the sole discretion of either party.
16. This Stipulation expresses a full and complete negotiated settlement of liability and
damages claimed under the National Childhood Vaccine Injury Act of 1986, as amended, except
as otherwise noted in paragraph 9 above. There is absolutely no agreement on the part of the
parties hereto to make any payment or do any act or thing other than is herein expressly stated
and clearly agreed to. The parties further agree and understand that the award described in this
Stipulation may reflect a compromise of the parties' respective positions as to liability and/or
amount of damages, and further, that a change in the nature of the injury or condition or in the
4of6

Case 1:20-vv-00600-UNJ Document 31 Filed 09/20/21 Page 7 of 8
items of compensation sought, is not grounds to modify or revise this agreement.
17. This Stipulation shall not be construed as an admission by the United States or the
Secretary of Health and Human Services that the flu vaccine caused petitioner's alleged shoulder
injury, or any other injury.
18. All rights and obligations of petitioner shall apply equally to petitioner's heirs,
executors, administrators, successors, and/or assigns.
END OF STIPULATION
5 of6

Case 1:20-vv-00600-UNJ Document 31 Filed 09/20/21 Page 8 of 8
RcspL'l'.lfully suhmitlcu,
Pl~TITION RI~:
~<{, . ~ :
tiUINEVERE PAVIGI .IANITI
ATTORNl~V OF IU:CORI> FOR AUTHORIZED REPRESENTATIVE
Pfi:TITI ON ER: OF THE ATTORNEY GENERAL:
~
~~'\~~
E~--
.. !'infer, HEATHER L. PEARLMAN
MllLLER BRAZI~:l~~p Deputy Director
715 Twinning Road, Suite 208 Torts Branch
Drc:sher. PA 19025 Civil Division
(215) 885-1655 U.S. Department of Justice
P.O. Box 146
Benjamin Franklin Station
Washington, DC 20044-0146
AUTHORIZED REPRESENTATIVE ATTORNEY OF RECORD FOR
OF THE SECRETARY OF HEALTH RESPONDENT:
AND HUMAN SERVICES:
t>ttl.t P. ME.shleY, t>ttSc., MS, APRN, foy
TAMARA OVERBY, M.D.
Acting Director, Division oflnjury
Compensation Programs
Healthcare Systems Bureau
Health Resources and Services
Administration
U.S. Department of Health
and Human Services
5600 Fishers Lane, 08N146B
Rockville, MD 20857
Dated: o g / r::rfun., J
6of6
. .
,· '