VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-01062
Package ID: USCOURTS-cofc-1_20-vv-01062
Petitioner: Monique Maccarone
Filed: 2020-08-24
Decided: 2022-05-13
Vaccine: HPV
Vaccination date: 2017-09-07
Condition: left shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 51110

AI-assisted case summary:
Monique Maccarone filed a petition for compensation under the National Vaccine Injury Compensation Program alleging that she sustained a left shoulder injury related to vaccine administration (SIRVA) as a result of a human papillomavirus (HPV) vaccine she received on September 7, 2017. She stated the vaccine was received in the United States, her injury lasted longer than six months, and no civil action had been filed. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report conceding that Ms. Maccarone was entitled to compensation. The respondent agreed that her case met the criteria for SIRVA as a Table injury, noting she had no prior shoulder issues, experienced onset of pain within 48 hours of vaccination, and her pain and reduced range of motion were limited to the injected shoulder. The respondent also confirmed the case was timely filed, the vaccine was administered in the U.S., and the injury met the severity requirement. Based on the concession and the evidence, the Chief Special Master issued a ruling on entitlement finding Ms. Maccarone eligible for compensation. Subsequently, the parties submitted a proffer on the award of compensation. The respondent recommended an award of $51,110.76, which included $50,000.00 for pain and suffering and $1,110.76 for past unreimbursable expenses. Ms. Maccarone agreed with this proposed award. The court issued a decision awarding Ms. Maccarone the stipulated lump sum of $51,110.76.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_20-vv-01062-0
Date issued/filed: 2022-02-01
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 12/29/2021) regarding 35 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:20-vv-01062-UNJ Document 41 Filed 02/01/22 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-1062V
UNPUBLISHED
MONIQUE MACCARONE, also known Chief Special Master Corcoran
as MONIQUE GARDNER,
Filed: December 29, 2021
Petitioner,
v. Special Processing Unit (SPU);
Ruling on Entitlement; Concession;
SECRETARY OF HEALTH AND Table Injury; Human Papillomavirus
HUMAN SERVICES, (HPV) Vaccine; Shoulder Injury
Related to Vaccine Administration
Respondent. (SIRVA)
Phyllis Widman, Widman Law Firm, LLC, Northfield, NJ, for Petitioner.
Felicia Langel, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On August 24, 2020, Monique Maccarone 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 sustained a left shoulder injury related to
vaccine administration (“SIRVA”) as a result of a human papillomavirus vaccine received
on September 7, 2017. Petition at 1. Petitioner further alleges the vaccine was received
in the United States, her injury has lasted longer than six months, and neither Petitioner
nor any other party has filed a civil action for Petitioner’s vaccine-related injury. Petition
at ¶¶ 2, 17-18. The case was assigned to the Special Processing Unit of the Office of
Special Masters.
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-01062-UNJ Document 41 Filed 02/01/22 Page 2 of 2
On December 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 Table and the Qualifications and Aids to Interpretation for SIRVA. Specifically,
petitioner had no history of pain, inflammation, or dysfunction of the affected shoulder
prior to vaccine administration that would explain the alleged signs, symptoms,
examination findings, and diagnostic studies occurring after vaccine injection; she
suffered the onset of pain within forty-eight hours of vaccine administration; her pain and
reduced range of motion were limited to the shoulder in which the vaccine was
administered; and there is no other condition or abnormality present that would explain
her symptoms.” Id. at 4. Respondent further agrees that “the record shows that this case
was timely filed, the vaccine was received in the United States, and petitioner satisfies
the severity requirement by suffering the residual effects of her injury for more than six
months after vaccine administration . . . [and] avers that no civil action or proceedings
have been pursued in connection with the vaccine-related injury.” Id. at 4-5.
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-01062-1
Date issued/filed: 2022-05-13
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 03/31/2022) 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-01062-UNJ Document 51 Filed 05/13/22 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-1062V
UNPUBLISHED
MONIQUE MACCARONE, Chief Special Master Corcoran
Petitioner, Filed: March 31, 2022
v.
Special Processing Unit (SPU);
SECRETARY OF HEALTH AND Damages Decision Based on Proffer;
HUMAN SERVICES, Human Papillomavirus (HPV)
Vaccine; Shoulder Injury Related to
Respondent. Vaccine Administration (SIRVA)
Phyllis Widman, Widman Law Firm, LLC, Northfield, NJ, for Petitioner.
Felicia Langel, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On August 24, 2020, Monique Maccarone 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 sustained a left shoulder injury related to
vaccine administration (“SIRVA”) as a result of a human papillomavirus vaccine received
on September 7, 2017. Petition at 1. Petitioner further alleges the vaccine was received
in the United States, her injury has lasted longer than six months, and neither Petitioner
nor any other party has filed a civil action for Petitioner’s vaccine-related injury. Petition
at ¶¶ 2, 17-18. The case was assigned to the Special Processing Unit of the Office of
Special Masters.
On December 29, 2021, a ruling on entitlement was issued, finding Petitioner
entitled to compensation for SIRVA. On March 31, 2022, Respondent filed a proffer on
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-01062-UNJ Document 51 Filed 05/13/22 Page 2 of 5
award of compensation (“Proffer”) indicating Petitioner should be awarded $51,110.76.
Proffer at 2. 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.
Pursuant to the terms stated in the attached Proffer, I award Petitioner a lump
sum payment of $51,110.76 (comprised of $50,000.00 in pain and suffering and
$1,110.76 in 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 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-01062-UNJ Document 51 Filed 05/13/22 Page 3 of 5
THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
MONIQUE MACCARONE,
Petitioner,
v. No. 20-1062V
Chief Special Master Corcoran
SECRETARY OF HEALTH AND ECF
HUMAN SERVICES,
Respondent.
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On August 24, 2020, Monique Maccarone (“petitioner”) filed a petition for compensation
under the National Childhood Vaccine Injury Act. See 42 U.S.C. §§ 300aa-1 to -34, as amended
(“Vaccine Act”). Petitioner alleges that she suffered from a left shoulder injury related to
vaccine administration (“SIRVA”), as defined in the Vaccine Injury Table (“Table”), following
the administration of human papillomavirus (“HPV”) vaccine on September 7, 2017. 42
C.F.R. § 100.3(a)(XIV)(B); Petition at 1. On December 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 Vaccine Act for a SIRVA Table injury, and, on
December 29, 2021, the Chief Special Master issued a Ruling on Entitlement finding petitioner
entitled to compensation. ECF No. 34; ECF No. 35.
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 1:20-vv-01062-UNJ Document 51 Filed 05/13/22 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 $1,110.76. See 42 U.S.C. § 300aa-
15(a)(1)(B). Petitioner agrees.
These amounts represents 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 following:1 a lump sum payment of $51,110.76, in the form of a
check payable to petitioner.
III. Summary of Recommended Payment Following Judgment
Lump sum payable to petitioner, Monique Maccarone: $51,110.76
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
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-01062-UNJ Document 51 Filed 05/13/22 Page 5 of 5
DARRYL R. WISHARD
Assistant Director
Torts Branch, Civil Division
s/ Felicia D. Langel
FELICIA D. LANGEL
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) 305-3148
felicia.d.langel@usdoj.gov
DATED: March 31, 2022
3