VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-01786 Package ID: USCOURTS-cofc-1_20-vv-01786 Petitioner: Michele Nunziata Filed: 2023-03-15 Decided: 2023-04-17 Vaccine: Tdap Vaccination date: 2018-03-16 Condition: Shoulder Injury Related to Vaccine Administration (SIRVA) Outcome: compensated Award amount USD: 45000 AI-assisted case summary: Michele Nunziata filed a petition for compensation under the National Vaccine Injury Compensation Program on March 15, 2023, alleging a shoulder injury related to vaccine administration (SIRVA) from a Tdap vaccination received on March 16, 2018. She stated that the vaccination occurred in the United States, her symptoms persisted for more than six months, and she had not previously received compensation for vaccine-related injuries. Respondent denied that Ms. Nunziata sustained a SIRVA Table injury, denied that the Tdap vaccine caused her shoulder injury or any other injury, and denied that her current condition was a sequela of a vaccine-related injury. Despite these denials, the parties filed a joint stipulation on March 14, 2023, agreeing that compensation should be awarded. Chief Special Master Corcoran found the stipulation reasonable and adopted it as the decision awarding damages. Ms. Nunziata was awarded a lump sum of $45,000.00, representing compensation for all items of damages available under Section 15(a) of the Vaccine Act. Theory of causation field: Table Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_20-vv-01786-0 Date issued/filed: 2023-04-17 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 03/15/2023) regarding 31 DECISION Stipulation/Proffer. Signed by Chief Special Master Brian H. Corcoran. (tlf) Service on parties made. -------------------------------------------------------------------------------- Case 1:20-vv-01786-UNJ Document 35 Filed 04/17/23 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 20-1786V UNPUBLISHED MICHELE NUNZIATA, Chief Special Master Corcoran Petitioner, Filed: March 15, 2023 v. Special Processing Unit (SPU); Joint SECRETARY OF HEALTH AND Stipulation on Damages; Tetanus HUMAN SERVICES, Diphtheria acellular Pertussis (Tdap) Vaccine; Shoulder Injury Related to Respondent. Vaccine Administration (SIRVA) Matthew F. Belanger, Faraci Lange, LLP, Rochester, NY, for Petitioner. Austin Joel Egan, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON JOINT STIPULATION1 On December 7, 2020, Michele Nunziata 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 a tetanus diphtheria acellular pertussis (Tdap) vaccination received on March 16, 2018. Petition at 1; Stipulation, filed at March 14, 2023, ¶¶ 1-2. Petitioner further alleges that the vaccination was administered within the United States, her symptoms persisted for more than six months, and that she has never received compensation in the form of an award or settlement for her vaccine-related injuries. Petition at 1, 6; Stipulation at ¶¶ 3-5. “Respondent denies that [P]etitioner sustained a SIRVA Table injury, denies that the Tdap vaccine caused [P]etitioner’s shoulder injury or any other injury; and denies that her current condition is a sequela of a vaccine-related injury.” Stipulation at ¶ 6. 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-01786-UNJ Document 35 Filed 04/17/23 Page 2 of 7 Nevertheless, on March 14, 2023, the parties filed the attached joint stipulation, stating that a decision should be entered awarding compensation. I find the stipulation reasonable and adopt it as my decision awarding damages, on the terms set forth therein. Pursuant to the terms stated in the attached Stipulation, I award the following compensation: A lump sum of $45,000.00 in the form of a check payable to Petitioner. Stipulation at ¶ 8. This amount represents compensation for all items of damages that would be available under Section 15(a). Id. I approve the requested amount for Petitioner’s compensation. In the absence of a motion for review filed pursuant to RCFC Appendix B, 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-01786-UNJ Document 35 Filed 04/17/23 Page 3 of 7 Case 1:20-vv-01786-UNJ Document 35 Filed 04/17/23 Page 4 of 7 Case 1:20-vv-01786-UNJ Document 35 Filed 04/17/23 Page 5 of 7 Case 1:20-vv-01786-UNJ Document 35 Filed 04/17/23 Page 6 of 7 Case 1:20-vv-01786-UNJ Document 35 Filed 04/17/23 Page 7 of 7