VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-01022
Package ID: USCOURTS-cofc-1_20-vv-01022
Petitioner: Demetra Dicembrino
Filed: 2020-08-17
Decided: 2022-05-04
Vaccine: influenza
Vaccination date: 2019-09-30
Condition: left shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 45000

AI-assisted case summary:
Demetra Dicembrino filed a petition for compensation under the National Vaccine Injury Compensation Program on August 17, 2020, alleging a left shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on September 30, 2019. The respondent, the Secretary of Health and Human Services, denied that the vaccine caused the alleged injury or that the petitioner's condition was a sequela of a vaccine-related injury. The parties, represented by Leah VaSahnja Durant for the petitioner and Naseem Kourosh for the respondent, filed a joint stipulation on May 4, 2022, agreeing to a settlement. Chief Special Master Brian H. Corcoran reviewed the stipulation and adopted its terms as the court's decision. Pursuant to the stipulation, Ms. Dicembrino was awarded a lump sum of $45,000.00, payable by check to the petitioner, as compensation for all items of damages. This amount represents a compromise of the parties' respective positions on liability and/or damages. The decision noted that the stipulation was not an admission by the United States or the Secretary that the influenza vaccine caused the petitioner's alleged injury or any other injury, nor that the petitioner suffered an injury contained in the Vaccine Injury Table. The public decision does not describe the specific onset of symptoms, diagnostic tests, treatments, or expert witnesses involved in this case.

Theory of causation field:
Petitioner Demetra Dicembrino alleged a left shoulder injury related to vaccine administration (SIRVA) following an influenza vaccine received on September 30, 2019. The respondent denied the alleged SIRVA Table injury and causation. The parties entered into a joint stipulation agreeing to a settlement. Chief Special Master Brian H. Corcoran adopted the stipulation, awarding Petitioner a lump sum of $45,000.00 for all items of damages. The stipulation stated that the injury was allegedly contained in the Vaccine Injury Table and that residual effects lasted more than six months. The public text does not detail the specific mechanism of injury, expert testimony, or clinical findings. Attorneys for Petitioner were Law Offices of Leah V. Durant, PLLC, and for Respondent was Naseem Kourosh. The decision date was May 4, 2022.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_20-vv-01022-0
Date issued/filed: 2022-06-16
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 05/04/2022) regarding 29 DECISION Stipulation/Proffer, Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:20-vv-01022-UNJ Document 33 Filed 06/16/22 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-1022V
UNPUBLISHED
DEMETRA DICEMBRINO, Chief Special Master Corcoran
Petitioner, Filed: May 4, 2022
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)
Leah VaSahnja Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC, for
Petitioner.
Naseem Kourosh, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION ON JOINT STIPULATION1
On August 17, 2020, Demetra Dicembrino 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 shesuffered a left shoulder injury related to vaccine
administration (“SIRVA”) as a result of an influenza vaccine received on September 30,
2019. Petition at 1; Stipulation, filed May 4, 2022, at ¶¶ 2-4. Petitioner further alleges that
the vaccine was administered in the United States, she experienced the residual effects
of her condition for more than six months, and there has been no prior award or settlement
of a civil action for damages on Petitioner’s behalf as a result of her condition. Petition at
¶¶ 1, 9-11;Stipulationat¶¶3-5.“Respondent denies that petitioner sustained any SIRVA
Table injury; denies that the vaccine caused petitioner’s alleges shoulder injury, or any
other injury; and denies that petitioner’s current condition is a sequela 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.
2National 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-01022-UNJ Document 33 Filed 06/16/22 Page 2 of 7
Nevertheless, on May 4, 2022,the parties filed the attachedjoint stipulation, stating
that a decision should be entered awarding compensation. I find the stipulation
reasonable and adopt it as mydecision awarding damages, on the terms set forth therein.
Pursuant to the terms stated in the attached Stipulation, I award the following
compensation:
A lump sum of $45,000.00 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 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-01022-UNJ Document 33 Filed 06/16/22 Page 3 of 7
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
DEMETRA DICEMBRINO,
Petitioner,
No. 20-1022V (ECF)
v. Chief Special Master Corcoran
SECRETARY OF HEALTH
AND HUMAN SERVICES,
Respondent.
STIPULATION
The parties hereby stipulate to the following matters:
1. Demetra Dicembrino ("petitioner") filed a petition for vaccine compensation under the
National Vaccine Injury Compensation Program, 42 U.S.C. §§ 300aa-10 _et seq. (the "Vaccine
Program"). The petition seeks compensation for injuries allegedly related to petitioner's receipt
of the influenza vaccine, which vaccine is contained in the Vaccine Injury Table (the "Table"),
42 C.F.R. § 100.3(a).
2. Petitioner received an influenza vaccine in the left deltoid on September 30, 2019.
3. The vaccination was administered within the United States.
4. Petitioner alleges that petitioner sustained a shoulder injury related to vaccine
administration (''SIRVA") as set forth in the Table. Petitioner further alleges that petitioner
experienced the residual effe.cts of this condition for more than six months.
5. Petitioner represents that there has been no prior award or settlement of a civil action
for damages on petitioner's behalf as a result of petitioner's condition.
6. Respondent denies that petitioner sustained any SIRVA Table injury; denies that the

Case 1:20-vv-01022-UNJ Document 33 Filed 06/16/22 Page 4 of 7
vaccine caused petitioner's alleged shoulder injury, or any other injury; and denies that
petitioner's current condition is a sequela 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 tenns oft his Stipulation, and after petitioner bas 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 payment:
A lump sum of $45,000.00 in the form of a check payable to petitioner. This
amount represents 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.
l 0. Petitioner and petitioner's attorney represent that compensation to be provided
pursuant to this Stipulation is not for any items or services for which the Program is not
primarily liable under 42 U.S.C. § 300aa-15(g), to the extent that payment has been made or can
reasonably be expected to be made under any 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 by entities that provide health services on a pre-paid basis.
2

Case 1:20-vv-01022-UNJ Document 33 Filed 06/16/22 Page 5 of 7
11. Payment made pursuant to paragraph 8 of this Stipulation and any amounts awarded
pursuant to paragraph 9 of this Stipulation will be made in accordance with 42 U.S.C. § 300aa-
1S (i), subject to the availability of sufficient statutory funds.
l 2. The parties and their attorneys further agree and stipulate that, except for any award
for attorneys' fees and litigation costs, and past unreirnbursable expenses, the money provided
pursuant to this Stipulation wiU be used solely for petitioner's benefit 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 paragraphs 8 and 9, petitioner, in petitioner's
individual capacity, and on behalf ofp etitioner's heirs, 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 Vaccine Program, 42 U.S.C.
§ 300aa-l Oe t 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 ofp etitioner resulting from, or alleged to
have resulted from, the influenza vaccination administered on September 30, 2019, as alleged by
petitioner in a petition for vaccine compensation filed on or about August 17, 2020, in the United
States Court of Federal Claims as petition No. 20·1022V.
14. If petitioner should die prior to entry ofj udgment, this agreement shall be voidable
upon proper notice to the Court on behalf of either or both of the parties.
3

Case 1:20-vv-01022-UNJ Document 33 Filed 06/16/22 Page 6 of 7
15. If the special master fails to issue a decision in complete confonnity with the terms
of this Stipulation or if the Court of Federal Claims fails to enter judgment in confonnity with a
decision that is in complete conformity with the tenns 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 to 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
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 Service that the influenza vaccine caused petitioner's aJ1eged
injury or any other injury or petitioner's current disabilities, or that petitioner suffered an injury
contained in the Vaccine Injury Table.
18. All rights and obligations of petitioner hereunder shall apply equally to petitioner's
heirs, executors, administrators, successors, and/or assigns.
END OF STIPULATION
4

Case 1:20-vv-01022-UNJ Document 33 Filed 06/16/22 Page 7 of 7
Respectfully submitted,
PETITIONER:
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DE ETRA DICEMBRINO
ATTORNEY OF RECORD AUTHORIZED REPRESENTATIVE
FOR PETITIONER: OF THE ATTORNEY GENERAL:
~
~~~~
Law Offices of Leah V. Durant, PLLC Deputy Director
1717 K Street NW, Suite 900 Torts Branch
Washington, DC 20006 Civil Division
Telephone: 202-775-9200 U.S. Department of Justice
Email: Ldurant@durantllc.com P.O. Box 146
Beajamin Franklin Station
Washington, DC 20044-0146
AUTHORIZED REPRESENTATIVE ATTORNEY OF RECORD FOR
OFTHESECRETARYOFHEALTH RESPONDENT:
AND HUMAN SEJRV ICES:
George R. Grimes D1gtta11y Signed bvGfff!I• R.
s ·~rimu-St4
14 1>'1te, 202l.G4.2S 15:3):14 ~ '00'
CDR GEORGE REED GRIMES, MD, MPH
Director, Division of Injury Trial Attorney
Compensation Programs Torts Branch
Health Systems Bureau Civil Division
Health Resources and Services U.S. Department of Justice
Administration P.O. Box 146
U.S. Department of Health Benjamin Franklin Station
and Human Services Washington, DC 20044-0146
5600 Fishers Lane, 08Nl46B Telephone: (202) 305-1159
Rockville, MD 20857 Email: Naseem.Kourosh@usdoj.gov
~ -'1 /._~_- -
Dated:
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