VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-01587
Package ID: USCOURTS-cofc-1_20-vv-01587
Petitioner: Louis Ciminieri
Filed: 2020-11-13
Decided: 2023-03-03
Vaccine: pneumococcal conjugate
Vaccination date: 2019-02-04
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 52930

AI-assisted case summary:
Louis Ciminieri filed a petition for compensation under the National Vaccine Injury Compensation Program alleging that he suffered a shoulder injury related to vaccine administration (SIRVA) as a result of a pneumococcal conjugate (Prevnar-13) vaccine administered on February 4, 2019. The respondent conceded that Mr. Ciminieri is entitled to compensation, agreeing that his injury satisfied the criteria set forth in the Vaccine Injury Table and the Qualifications and Aids for Interpretation for SIRVA. The respondent also confirmed that the case was timely filed, the vaccine was received in the United States, and the statutory severity requirement was met. Following the ruling on entitlement, the parties reached a stipulation for damages. The respondent proffered an award of $52,930.21, which included $52,500.00 for pain and suffering and $430.21 for past unreimbursable expenses. Mr. Ciminieri, an adult, agreed with this proffered award. The Chief Special Master issued a decision awarding this lump sum payment to Mr. Ciminieri.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_20-vv-01587-0
Date issued/filed: 2023-01-03
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 11/30/2022) regarding 34 Ruling on Entitlement. Signed by Chief Special Master Brian H. Corcoran. (kle) Service on parties made.
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Case 1:20-vv-01587-UNJ Document 35 Filed 01/03/23 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-1587V
UNPUBLISHED
LOUIS CIMINIERI, Chief Special Master Corcoran
Petitioner,
v. Filed: November 30, 2022
SECRETARY OF HEALTH AND Special Processing Unit (SPU);
HUMAN SERVICES, Ruling on Entitlement; Concession;
Table Injury; Pneumococcal
Respondent. Conjugate (Prevnar-13); Shoulder
Injury Related to Vaccine
Administration (SIRVA).
Ronald Craig Homer, Conway, Homer, P.C., Boston, MA, for Petitioner.
Martin Conway Galvin, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On November 13, 2020, Louis Ciminieri 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 suffered from a left shoulder injury related to
vaccine administration (“SIRVA”) as a result of a pneumococcal conjugate (“Prevnar-13”)
vaccine administered on February 4, 2019. Petition at 1. The case was assigned to the
Special Processing Unit of the Office of Special Masters.
On November 29, 2022, 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 has satisfied the criteria set
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-01587-UNJ Document 35 Filed 01/03/23 Page 2 of 2
forth in the Vaccine Injury Table (“Table”) and the Qualifications and Aids for Interpretation
(“QAI”) for SIRVA. Id. at 7-8 (citing 42 C.F.R. § 100.3(c)(10). Respondent further agrees
that Petitioner timely filed his case, that he received the HPV vaccine in the United States,
and that he satisfies the statutory severity requirement by suffering the residual effects or
complications of his injury for more than six months after vaccine administration. Id. at 8
(citing Section 11(c)(1)(D)(i)).
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-01587-1
Date issued/filed: 2023-03-03
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 01/31/2023) regarding 39 DECISION Stipulation/Proffer. Signed by Chief Special Master Brian H. Corcoran. (kle) Service on parties made.
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Case 1:20-vv-01587-UNJ Document 43 Filed 03/03/23 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-1587V
UNPUBLISHED
LOUIS CIMINIERI, Chief Special Master Corcoran
Petitioner, Filed: January 31, 2023
v.
Special Processing Unit (SPU);
SECRETARY OF HEALTH AND Damages Decision Based on Proffer;
HUMAN SERVICES, Pneumococcal Conjugate Vaccine;
Shoulder Injury Related to Vaccine
Respondent. Administration (SIRVA)
Ronald Craig Homer, Conway, Homer, P.C., Boston, MA, for Petitioner.
Martin Conway Galvin, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On November 13, 2020, Louis Ciminieri 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 suffered a shoulder injury related to vaccine
administration (SIRVA) resulting from the administration of a pneumococcal conjugate
(Prevnar) vaccination on February 4, 2019 . Petition at 1. The case was assigned to the
Special Processing Unit of the Office of Special Masters.
On November 30, 2022, a ruling on entitlement was issued, finding Petitioner
entitled to compensation for SIRVA. On January 31, 2023, Respondent filed a proffer on
award of compensation (“Proffer”) indicating Petitioner should be awarded $52,930.21,
including $52,500.00 in pain and suffering and $430.21 for past unreimbursable
expenses. Proffer at 1-2. In the Proffer, Respondent represented that Petitioner agrees
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-01587-UNJ Document 43 Filed 03/03/23 Page 2 of 5
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 $52,930.21, including $52,500.00 in pain and suffering and $430.21
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-01587-UNJ Document 43 Filed 03/03/23 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
)
LOUIS CIMINIERI, )
)
Petitioner, )
) No. 20-1587
v. ) Chief Special Master Corcoran
) ECF
SECRETARY OF HEALTH AND HUMAN )
SERVICES, )
)
Respondent. )
)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On November 13, 2020, Louis Ciminieri (“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 the administration
of a pneumococcal conjugate (“Prevnar”) vaccination on February 4, 2019. Petition at 1. On
November 30, 2022, 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 the Chief Special Master issued a Ruling on Entitlement finding
petitioner entitled to compensation. ECF No. 33; ECF No. 34.
I. Items of Compensation
A. Pain and Suffering
Respondent proffers that petitioner should be awarded $52,500.00 in pain and suffering.
See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees.

Case 1:20-vv-01587-UNJ Document 43 Filed 03/03/23 Page 4 of 5
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 $430.21. 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 and requests that the Chief Special Master’s decision and the Court’s
judgment award the following1: a lump sum payment of $52,930.21, in the form of a check
payable to petitioner, Louis Ciminieri.
III. Summary of Recommended Payment Following Judgment
Lump sum award payable to petitioner, Louis Ciminieri: $52,930.21.
Respectfully submitted,
BRIAN M. BOYNTON
Principal Deputy Assistant Attorney General
C.SALVATORE D’ALESSIO
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.
2

Case 1:20-vv-01587-UNJ Document 43 Filed 03/03/23 Page 5 of 5
TRACI R. PATTON
Assistant Director
Torts Branch, Civil Division
/s/ Martin C. Galvin
MARTIN C. GALVIN
Trial Attorney, Civil Division
U.S. Department of Justice
P.O. Box 146
Benjamin Franklin Station
Washington, D.C. 20044-0146
Tel: (202) 305-3071
Martin.Galvin@usdoj.gov
Dated: January 31, 2023
3