VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-01721 Package ID: USCOURTS-cofc-1_20-vv-01721 Petitioner: Jeanille Gatta Filed: 2020-12-01 Decided: 2022-05-20 Vaccine: influenza Vaccination date: 2019-10-08 Condition: shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 53306 AI-assisted case summary: Jeanille Gatta filed a petition for compensation under the National Vaccine Injury Compensation Program alleging that she suffered a shoulder injury related to vaccine administration (SIRVA) as a result of an influenza vaccine she received on October 8, 2019. The respondent conceded entitlement to compensation, noting that Ms. Gatta had no prior history of left shoulder pain or dysfunction, her pain began within 48 hours of the vaccination, and her symptoms were limited to her left shoulder with reduced range of motion, with no other identified condition explaining the symptoms. The case proceeded as a Table injury claim. The respondent's proffer, which Ms. Gatta agreed to, recommended an award of compensation. Chief Special Master Corcoran ruled on entitlement and awarded Ms. Gatta a lump sum payment of $53,306.34, which included $52,500.00 for pain and suffering and $806.34 for past unreimbursed expenses. Theory of causation field: Table Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_20-vv-01721-0 Date issued/filed: 2022-05-20 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 04/15/2022) regarding 29 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made. -------------------------------------------------------------------------------- Case 1:20-vv-01721-UNJ Document 34 Filed 05/20/22 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 20-1721V UNPUBLISHED JEANILLE GATTA, Chief Special Master Corcoran Petitioner, v. Filed: April 15, 2022 SECRETARY OF HEALTH AND Special Processing Unit (SPU); HUMAN SERVICES, Ruling on Entitlement; Concession; Table Injury; Influenza (Flu); Respondent. Shoulder Injury Related to Vaccine Administration (SIRVA). Maximillian J. Muller, Muller Brazil, LLP, Dresher, PA, for Petitioner. Mark Kim Hellie, U.S. Department of Justice, Washington, DC, for Respondent. RULING ON ENTITLEMENT1 On December 1, 2020, Jeanille Gatta 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 alleged that she suffered a shoulder injury related to vaccine administration (“SIRVA”) as a result of the influenza (“flu”) vaccine administered on October 8, 2019. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. On April 15, 2022, Respondent filed a combined Rule 4(c) Report and Proffer in which he concedes that Petitioner is entitled to compensation in this case. Rule 4(c) Report and Proffer. Specifically, the records show that Petitioner had no history of pain, inflammation, or dysfunction of her left shoulder; Petitioner’s pain occurred within 48 1 Because this unpublished opinion 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 opinion 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-01721-UNJ Document 34 Filed 05/20/22 Page 2 of 2 hours after receipt of an intramuscular vaccination; and her left shoulder pain and reduced range of motion were limited and not explained by another identified condition or abnormality. Id. at 4-5. Respondent further agrees that Petitioner has satisfied the Act’s other statutory and jurisdictional requirements. 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 ================================================================================ DOCUMENT 2: USCOURTS-cofc-1_20-vv-01721-1 Date issued/filed: 2022-05-23 Pages: 2 Docket text: PUBLIC DECISION (Originally filed: 04/15/2022) regarding 30 DECISION Stipulation/Proffer, Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made. -------------------------------------------------------------------------------- Case 1:20-vv-01721-UNJ Document 35 Filed 05/23/22 Page 1 of 2 CORRECTED In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 20-1721V UNPUBLISHED JEANILLE GATTA, Chief Special Master Corcoran Petitioner, v. Filed: April 15, 2022 SECRETARY OF HEALTH AND Special Processing Unit (SPU); HUMAN SERVICES, Damages Decision Based on Proffer; Table Injury; Influenza (Flu); Respondent. Shoulder Injury Related to Vaccine Administration (SIRVA). Maximillian J. Muller, Muller Brazil, LLP, Dresher, PA, for Petitioner. Mark Kim Hellie, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON DAMAGES1 On December 1, 2020, Jeanille Gatta 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 alleged that she suffered a shoulder injury related to vaccine administration (“SIRVA”) as a result of the influenza (“flu”) vaccine administered on October 8, 2019. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. On April 15, 2022, Respondent filed a combined Rule 4(c) Report and Proffer in which he conceded that Petitioner was entitled to compensation for her SIRVA. Rule 4(c) Report and Proffer at 1, 3-4. That same day, I issued a Ruling on Entitlement. 1 Because this unpublished opinion 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 opinion 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-01721-UNJ Document 35 Filed 05/23/22 Page 2 of 2 Respondent represents that Petitioner agrees to his proffer on an award of compensation. Rule 4(c) Report and Proffer at 5-6. 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 combined Rule 4(c) Report and Proffer,3 I award Petitioner a lump sum payment of $53,306.34 (representing $52,500.00 for pain and suffering, and $806.34 for past unreimbursed 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.4 IT IS SO ORDERED. s/Brian H. Corcoran Brian H. Corcoran Chief Special Master 3 Because the combined Rule 4(c) Report and Proffer contains information regarding Petitioner’s personal medical history, which is not generally included in a Proffer when separately filed, it is not attached hereto. 4 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