VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-00654
Package ID: USCOURTS-cofc-1_20-vv-00654
Petitioner: Peter Tinucci
Filed: 2020-05-28
Decided: 2022-02-18
Vaccine: influenza
Vaccination date: 2018-10-02
Condition: right shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 61350

AI-assisted case summary:
Peter Tinucci filed a petition on May 28, 2020, alleging that he received an influenza vaccine on October 2, 2018, and subsequently suffered a right shoulder injury related to vaccine administration (SIRVA). His symptoms lasted for more than six months. The respondent conceded entitlement, agreeing that Mr. Tinucci had no prior history of right shoulder issues, that his pain began within 48 hours of vaccination, was limited to the injection site, and that no other condition explained his symptoms. The respondent also confirmed that the injury met the criteria for a Table injury. A ruling on entitlement was issued on September 17, 2021, finding Mr. Tinucci entitled to compensation. Subsequently, on January 18, 2022, the respondent filed a proffer agreeing to an award of $61,350.00, consisting of $60,000.00 for pain and suffering and $1,350.00 for past unreimbursable expenses. Mr. Tinucci, an adult, agreed with the proffered award. The Chief Special Master issued a decision awarding the stipulated amount on February 18, 2022.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_20-vv-00654-0
Date issued/filed: 2021-10-20
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 09/17/2021) regarding 21 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:20-vv-00654-UNJ Document 24 Filed 10/20/21 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-0654V
UNPUBLISHED
PETER TINUCCI, Chief Special Master Corcoran
Petitioner, Filed: September 17, 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)
Amy A. Senerth, Muller Brazil, LLP, Dresher, PA, for Petitioner.
Laurie Wiesner, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On May 28, 2020, Peter Tinucci 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 he received an influenza (“flu”) vaccine on October
2, 2018, and he subsequently suffered a right shoulder injury related to vaccine
administration (“SIRVA”). Petition at 1. Petitioner further alleges that his symptoms lasted
for more than six months. Petition at 1, 3. The case was assigned to the Special
Processing Unit of the Office of Special Masters.
On September 16, 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 states that Petitioner suffered a SIRVA of the right
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-00654-UNJ Document 24 Filed 10/20/21 Page 2 of 2
shoulder as defined by the Vaccine Injury Table. Id. at 3. Respondent further agrees that
“petitioner had no history of pain, inflammation, or dysfunction of his right shoulder prior
to vaccination that would explain his signs, symptoms, or findings after vaccination; the
onset of pain occurred within 48 hours after receipt of an intramuscular vaccination; the
pain was limited to the shoulder where the vaccine was administered; and, no other
condition or abnormality has been identified to explain petitioner’s right shoulder
symptoms.” Id. Respondent did not identify any other causes for Petitioner’s SIRVA and
based on the medical records, concluded that Petitioner meets the statutory requirements
by suffering the condition for more than six months. Id. Therefore, Respondent states that
based on the record as it now stands, Petitioner has satisfied all legal prerequisites for
compensation under the Vaccine Act. 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-00654-1
Date issued/filed: 2022-02-18
Pages: 8
Docket text: PUBLIC DECISION (Originally filed: 01/19/2022) regarding 30 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:20-vv-00654-UNJ Document 34 Filed 02/18/22 Page 1 of 8
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-0654V
UNPUBLISHED
PETER TINUCCI, Chief Special Master Corcoran
Petitioner, Filed: January 19, 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)
Amy A. Senerth, Muller Brazil, LLP, Dresher, PA, for Petitioner.
Jamica Marie Littles, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On May 28, 2020, Peter Tinucci 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 he received an influenza (“flu”) vaccine on
October 2, 2018, and he subsequently suffered a right 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 September 17, 2021, a ruling on entitlement was issued, finding Petitioner
entitled to compensation for SIRVA. On January 18, 2022, Respondent filed a proffer on
award of compensation (“Proffer”) indicating Petitioner should be awarded a total of
$61,350.00 (consisting of $60,000.00 in pain and suffering and $1,350.00 for past
unreimbursable expenses). Proffer at 2. 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 1:20-vv-00654-UNJ Document 34 Filed 02/18/22 Page 2 of 8
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 $61,350.00 (consisting of $60,000.00 in pain and suffering and
$1,350.00 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 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 1:20-vv-00654-UNJ Document 34 Filed 02/18/22 Page 3 of 8
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
)
PETER TINUCCI, )
)
Petitioner, )
) No. 20-654V
v. ) Chief Special Master Corcoran
) ECF
SECRETARY OF HEALTH AND HUMAN )
SERVICES, )
)
Respondent. )
)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On May 28, 2020, Peter Tinucci (“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 he 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 October 2, 2018. Petition at 1, 3. On September 16, 2020, 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
September 17, 2020, the Chief Special Master issued a Ruling on Entitlement finding petitioner
entitled to compensation. ECF No. 20-21.
I. Items of Compensation
A. Pain and Suffering
Respondent proffers that petitioner should be awarded $60,000.00 in pain and suffering.
See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees.

Case 1:20-vv-00654-UNJ Document 34 Filed 02/18/22 Page 4 of 8
B. Past Unreimbursable Expenses
Evidence supplied by petitioner documents that he incurred past unreimbursable expenses
related to his vaccine-related injury. Respondent proffers that petitioner should be awarded past
unreimbursable expenses in the amount of $1,350.00. 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 $61,350.00, in the form of a
check payable to petitioner.
III. Summary of Recommended Payments Following Judgment
Lump sum payable to petitioner, Peter Tinucci: $61,350.00
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
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 1:20-vv-00654-UNJ Document 34 Filed 02/18/22 Page 5 of 8
ALEXIS B. BABCOCK
Assistant Director
Torts Branch, Civil Division
/s/ Jamica M. Littles
JAMICA M. LITTLES
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) 305-4014
Fax: (202) 616-4310
E-mail: jamica.m.littles@usdoj.gov
DATED: January 18, 2021
3

Case 1:20-vv-00654-UNJ Document 34 Filed 02/18/22 Page 6 of 8
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
)
PETER TINUCCI, )
)
Petitioner, )
) No. 20-654V
v. ) Chief Special Master Corcoran
) ECF
SECRETARY OF HEALTH AND HUMAN )
SERVICES, )
)
Respondent. )
)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On May 28, 2020, Peter Tinucci (“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 he 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 October 2, 2018. Petition at 1, 3. On September 16, 2020, 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
September 17, 2020, the Chief Special Master issued a Ruling on Entitlement finding petitioner
entitled to compensation. ECF No. 20-21.
I. Items of Compensation
A. Pain and Suffering
Respondent proffers that petitioner should be awarded $60,000.00 in pain and suffering.
See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees.

Case 1:20-vv-00654-UNJ Document 34 Filed 02/18/22 Page 7 of 8
B. Past Unreimbursable Expenses
Evidence supplied by petitioner documents that he incurred past unreimbursable expenses
related to his vaccine-related injury. Respondent proffers that petitioner should be awarded past
unreimbursable expenses in the amount of $1,350.00. 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 $61,350.00, in the form of a
check payable to petitioner.
III. Summary of Recommended Payments Following Judgment
Lump sum payable to petitioner, Peter Tinucci: $61,350.00
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
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 1:20-vv-00654-UNJ Document 34 Filed 02/18/22 Page 8 of 8
ALEXIS B. BABCOCK
Assistant Director
Torts Branch, Civil Division
/s/ Jamica M. Littles
JAMICA M. LITTLES
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) 305-4014
Fax: (202) 616-4310
E-mail: jamica.m.littles@usdoj.gov
DATED: January 18, 2021
3