VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-01083
Package ID: USCOURTS-cofc-1_20-vv-01083
Petitioner: Diane Bushemi
Filed: 2021-12-09
Decided: 2022-04-15
Vaccine: influenza
Vaccination date: 2019-10-08
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 96028

AI-assisted case summary:
Diane Bushemi filed a petition for compensation under the National Vaccine Injury Compensation Program on August 27, 2020, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on October 8, 2019. Petitioner stated she received the vaccine in the United States, her symptoms persisted for more than six months, and she had not received prior compensation for her injuries. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on November 19, 2021, conceding that Ms. Bushemi was entitled to compensation. The respondent determined that Ms. Bushemi suffered a SIRVA as defined by the Vaccine Injury Table, noting that she had no recent history of left shoulder pain or dysfunction that would explain her symptoms, the onset of pain occurred within 48 hours of the vaccination, the pain was localized to the injection site, and no other condition was identified to explain the pain. On December 9, 2021, Chief Special Master Brian H. Corcoran issued a Ruling on Entitlement, finding Petitioner entitled to compensation. Subsequently, on March 14, 2022, the respondent filed a proffer on the award of compensation, which Petitioner agreed to. The proffer recommended an award of $96,028.09, comprising $95,000.00 for actual and projected pain and suffering and $1,028.09 for past unreimbursable expenses. On April 15, 2022, Chief Special Master Corcoran issued a Decision awarding Petitioner a lump sum payment of $96,028.09, payable by check to Petitioner, representing compensation for all damages available under Section 15(a) of the Vaccine Act. Petitioner was represented by Edward M. Kraus of the Law Offices of Chicago Kent, and Respondent was represented by Claudia Barnes Gangi of the U.S. Department of Justice. The public decision does not describe the specific onset of symptoms, medical examinations, diagnostic studies, or treatments.

Theory of causation field:
Petitioner Diane Bushemi alleged a shoulder injury related to vaccine administration (SIRVA) following an influenza vaccine on October 8, 2019. The respondent conceded entitlement, finding the injury met the criteria for SIRVA as defined by the Vaccine Injury Table. Specifically, the respondent noted no prior history of shoulder issues, onset of pain within 48 hours of vaccination, pain localized to the injection site, and no other identified condition explaining the pain. The case proceeded as a Table claim. The parties stipulated to damages. Chief Special Master Brian H. Corcoran issued a Ruling on Entitlement on December 9, 2021, finding Petitioner entitled to compensation. A Decision on April 15, 2022, awarded Petitioner a total of $96,028.09, consisting of $95,000.00 for pain and suffering and $1,028.09 for past unreimbursable expenses. Petitioner was represented by Edward M. Kraus, and Respondent by Claudia Barnes Gangi. The public text does not detail specific medical experts or a mechanism of injury beyond the Table criteria.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_20-vv-01083-0
Date issued/filed: 2022-01-11
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 12/09/2021) regarding 24 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:20-vv-01083-UNJ Document 28 Filed 01/11/22 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-1083V
UNPUBLISHED
DIANE BUSHEMI, Chief Special Master Corcoran
Petitioner, Filed: December 9, 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)
Edward M. Kraus, Law Offices of Chicago Kent, Chicago, IL, for Petitioner.
Claudia Barnes Gangi, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On August 27, 2020, Diane Bushemi 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) as a result of an influenza (flu) vaccine administered to her on
October 8, 2019. Petition at 1. Petitioner further alleges that she received the vaccine in
the United States, her symptoms persisted for more than six months, and she has not
received compensation in the form of an award or settlement for her vaccine-related
injuries. Petition at 1, 5-6. 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-01083-UNJ Document 28 Filed 01/11/22 Page 2 of 2
On November 19, 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. Respondent found that Petitioner suffered a SIRVA as defined by the Vaccine
Injury Table. Id. at 5. Specifically, Respondent determined that “[P]etitioner had no recent
history of pain, inflammation, or dysfunction of her left shoulder that would explain the
alleged signs, symptoms, examination findings and/or diagnostic studies occurring after
vaccine injection; the onset of pain occurred within forty-eight hours after receipt of an
intramuscular vaccination; the pain was limited to the shoulder in which the vaccine was
administered; and, no other condition or abnormality has been identified to explain
petitioner’s left shoulder pain.” Id. at 5-6. Respondent further agrees that the scope of
damages to be awarded is limited to Petitioner’s SIRVA and its related sequelae only. Id.
at 6.
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-01083-1
Date issued/filed: 2022-04-15
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 03/14/2022) regarding 31 DECISION Stipulation/Proffer, Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:20-vv-01083-UNJ Document 34 Filed 04/15/22 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-1083V
UNPUBLISHED
DIANE BUSHEMI, Chief Special Master Corcoran
Petitioner, Filed: March 14, 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)
Edward M. Kraus, Law Offices of Chicago Kent, Chicago, IL, for Petitioner.
Claudia Barnes Gangi, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On August 27, 2020, Diane Bushemi 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) resulting from an influenza (flu) vaccination received on
October 8, 2019. Petition at 1. The case was assigned to the Special Processing Unit of
the Office of Special Masters.
On December 9, 2021, a ruling on entitlement was issued, finding Petitioner
entitled to compensation for SIRVA. On March 14, 2022, Respondent filed a proffer on
award of compensation (“Proffer”) indicating Petitioner should be awarded $96,028.09,
including $95,000.00 for actual and projected pain and suffering and $1,028.09 for past
unreimbursable expenses. Proffer at 1. 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-01083-UNJ Document 34 Filed 04/15/22 Page 2 of 5
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 $96,028.09, including $95,000.00 for actual and projected pain and
suffering and $1,028.09 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 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-01083-UNJ Document 34 Filed 04/15/22 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
)
DIANE BUSHEMI,
)
)
Petitioner,
) No. 20-1083V
v.
) Chief Special Master Corcoran
) SPU
SECRETARY OF HEALTH AND HUMAN
) ECF
SERVICES,
)
)
Respondent.
)
PROFFER ON AWARD OF COMPENSATION
On August 27, 2020, Diane Bushemi (“petitioner”) filed a petition for compensation
under the National Childhood Vaccine Injury Act. See 42 U.S.C. §§ 300aa-10 to -34
(“Vaccine Act” or “Act”). Petitioner alleges that she suffered from a left shoulder injury related
to vaccine administration (“SIRVA”) following her receipt of an influenza vaccine on October 8,
2019. Petition (ECF No. 1) at 1, 5. On November 19, 2021, respondent filed a Rule 4(c) Report
recommending compensation be awarded. ECF No. 22. On December 9, 2021, the Chief
Special Master issued Ruling on Entitlement finding that petitioner is entitled to compensation.
ECF No. 24.
I. Items of Compensation
A. Pain and Suffering
Respondent proffers that the Court should award petitioner a lump sum of $95,000.00 for
her actual and projected pain and suffering. This amount reflects that the award for projected
pain and suffering has been reduced to net present value. See 42 U.S.C. § 300aa-15(a)(4).
Petitioner agrees.

Case 1:20-vv-01083-UNJ Document 34 Filed 04/15/22 Page 4 of 5
B. Past Unreimbursable Expenses
Respondent proffers that the Court should award petitioner a lump sum of $1,028.09 for
past unreimbursable expenses, as provided under 42 U.S.C. § 300aa-15(a)(1)(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 of $96,028.09, in the form of a check payable to petitioner, which represents
all elements of compensation to which petitioner would be entitled under 42 U.S.C. § 300aa-
15(a).1 Petitioner agrees.
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
1 Should petitioner die prior to the entry of judgment, the parties reserve the right to move the
Court for appropriate relief. In particular, respondent would oppose any award for future
medical expenses, future lost earnings, and future pain and suffering.
2

Case 1:20-vv-01083-UNJ Document 34 Filed 04/15/22 Page 5 of 5
/s/ Claudia B. Gangi
CLAUDIA B. GANGI
Senior Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146
Benjamin Franklin Station
Washington, D.C. 20044-0146
(202) 616-4138
claudia.gangi@usdoj.gov
DATED: March 14, 2022
3