VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-01608
Package ID: USCOURTS-cofc-1_20-vv-01608
Petitioner: Julia Marino
Filed: 2020-11-17
Decided: 2023-10-27
Vaccine: influenza
Vaccination date: 2019-10-25
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 109490

AI-assisted case summary:
Julia Marino filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she suffered a right shoulder injury related to vaccine administration (SIRVA) as a result of an influenza vaccine administered on October 25, 2019. The respondent conceded that Petitioner is entitled to compensation, agreeing that she satisfied the criteria for a SIRVA as set forth in the Vaccine Injury Table and the Qualifications and Aids to Interpretation. A ruling on entitlement was issued on March 4, 2022, finding Petitioner entitled to compensation. Subsequently, on July 8, 2022, the respondent filed a proffer on award of compensation, indicating that Petitioner should be awarded $109,490.86. This amount was comprised of $107,500.00 for pain and suffering and $1,990.86 for unreimbursed medical expenses. Petitioner agreed with the proffered award. The Chief Special Master accepted the proffer and awarded Petitioner the lump sum of $109,490.86, representing compensation for all damages available under Section 15(a) of the Vaccine Act.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_20-vv-01608-0
Date issued/filed: 2022-04-08
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 03/04/2022) regarding 46 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:20-vv-01608-UNJ Document 52 Filed 04/08/22 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-1608V
UNPUBLISHED
JULIA MARINO, Chief Special Master Corcoran
Petitioner, Filed: March 4, 2022
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)
Robert Joel Krakow, Law Office of Robert J. Krakow, P.C. New York, NY, for Petitioner.
Mark Kim Hellie, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On November 17, 2020, Julia Marino 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 right shoulder injury related to
vaccine administration (“SIRVA”) as a result of an influenza (“flu”) vaccine administered
on October 23, 2019. Petition at 1. Petitioner further alleges that the vaccine was
administered within the United States, that she suffered the residual effects of her injury
for more than six months, and that there has been no compensation in the form of an
award for her injury. Petition at 1, 13-14. 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-01608-UNJ Document 52 Filed 04/08/22 Page 2 of 2
On February 28, 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 has concluded that Petitioner has satisfied the criteria set
forth in the Vaccine Injury Table and the Qualification sand Aids to Interpretation for a
SIRVA. Id. at 4. Respondent further agrees that Petitioner has satisfied the statutory and
jurisdictional requirements for compensation. 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-01608-1
Date issued/filed: 2023-10-27
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 07/08/2022) regarding 62 DECISION Stipulation/Proffer. Signed by Chief Special Master Brian H. Corcoran. (kp) Service on parties made.
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Case 1:20-vv-01608-UNJ Document 76 Filed 10/27/23 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-1608V
UNPUBLISHED
J.M., Chief Special Master Corcoran
Petitioner, Filed: July 8, 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)
Robert Joel Krakow, Law Office of Robert J. Krakow, P.C., New York, NY, for Petitioner.
Mark Kim Hellie, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On November 17, 2020, J.M., 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) caused by an influenza (flu) vaccination she received on
October 25, 2019. Petition at 1. The case was assigned to the Special Processing
Unit of the Office of Special Masters.
On March 4, 2022, a ruling on entitlement was issued, finding Petitioner entitled to
compensation for SIRVA. On July 8, 2022, Respondent filed a proffer on award of
compensation (“Proffer”) indicating Petitioner should be awarded $109,490.86,
comprised of $107,500.00 for pain and suffering and $1,990.86 for unreimbursed medical
expenses. Proffer at 1. In the Proffer, Respondent represented that Petitioner agrees with
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-01608-UNJ Document 76 Filed 10/27/23 Page 2 of 5
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 $109,490.86, comprised of $107,500.00 for pain and suffering and
$1,990.86 for unreimbursed medical 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-01608-UNJ Document 76 Filed 10/27/23 Page 3 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
JULIA MARINO,
Petitioner,
Case No. 20-1608V (ECF)
v. CHIEF SPECIAL MASTER
CORCORAN
SECRETARY OF HEALTH
AND HUMAN SERVICES,
Respondent.
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
I. Procedural History
On February 28, 2022, respondent filed his Rule 4(c) Report conceding that
entitlement to compensation was appropriate under the terms of the Vaccine Act. On
March 4, 2022, the Court issued its Ruling on Entitlement, finding that petitioner was
entitled to compensation.
II. Items of Compensation and Form of the Award
Based upon the evidence of record, respondent proffers that petitioner should be
awarded $109,490.86. The award is comprised of the following: $107,500.00 for pain
and suffering and $1,990.86 for unreimbursed medical expenses. This amount represents
all elements of compensation to which petitioner would be entitled under

Case 1:20-vv-01608-UNJ Document 76 Filed 10/27/23 Page 4 of 5
42 U.S.C. § 300aa-15(a) regarding her October 25, 2019 influenza vaccination.
Petitioner agrees.1
III. Form of the Award
The parties recommend that compensation provided to petitioner should be made
through a lump sum payment of $109,490.86, in the form of a check payable to
petitioner. Petitioner agrees.
Petitioner is a competent adult. Evidence of guardianship is not required in this
case.
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
LARA A. ENGLUND
Assistant 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 medical expenses, future lost earnings, and future pain and suffering.
2

Case 1:20-vv-01608-UNJ Document 76 Filed 10/27/23 Page 5 of 5
s/ Mark K. Hellie
MARK K. HELLIE
Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146, Benjamin Franklin Station
Washington, D.C. 20044-0146
T: (202) 616-4208
E: mark.hellie@usdoj.gov
DATED: July 8, 2022
3