VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-01806 Package ID: USCOURTS-cofc-1_20-vv-01806 Petitioner: Elaine Tornatore Filed: 2020-12-08 Decided: 2023-08-17 Vaccine: influenza Vaccination date: 2020-08-17 Condition: shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 97487 AI-assisted case summary: Elaine Tornatore filed a petition for compensation on December 8, 2020, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on August 17, 2020. The respondent conceded that Ms. Tornatore was entitled to compensation, agreeing that her condition met the criteria for SIRVA as a Table injury. A ruling on entitlement was issued on June 9, 2023, by Chief Special Master Brian H. Corcoran, confirming her eligibility. Subsequently, on July 14, 2023, the respondent filed a proffer on award of compensation, which Ms. Tornatore agreed to. The court awarded her a total of $97,487.00, comprising $95,000.00 for pain and suffering and $2,487.00 for unreimbursable medical expenses. The award was to be paid as a lump sum check to Ms. Tornatore, who is a competent adult. Petitioner counsel was Rhonda Lorenz-Pignato of Shannon Law Group, P.C., and respondent counsel was Mark Kim Hellie of the U.S. Department of Justice. The public decision does not describe the specific onset, symptoms, medical tests, treatments, or expert witnesses involved in this case. Theory of causation field: Petitioner Elaine Tornatore alleged a shoulder injury related to vaccine administration (SIRVA) following an influenza vaccine on August 17, 2020. The respondent conceded entitlement, agreeing that the condition met the criteria for SIRVA as a Table injury, as defined in 42 C.F.R. §§ 100.3(a)(XIV)(B) and 100.3(c)(10). The public text does not detail the specific mechanism of injury or name any experts. The case resulted in a compensated outcome. Chief Special Master Brian H. Corcoran issued the ruling on entitlement on June 9, 2023, and the decision on damages on August 17, 2023. The award totaled $97,487.00, consisting of $95,000.00 for pain and suffering and $2,487.00 for unreimbursable medical expenses, paid as a lump sum to the petitioner. Petitioner counsel was Rhonda Lorenz-Pignato, and respondent counsel was Mark Kim Hellie. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_20-vv-01806-0 Date issued/filed: 2023-07-10 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 06/09/2023) regarding 40 Ruling on Entitlement. Signed by Chief Special Master Brian H. Corcoran. (tlf) Service on parties made. -------------------------------------------------------------------------------- Case 1:20-vv-01806-UNJ Document 42 Filed 07/10/23 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 20-1806V ELAINE TORNATORE, Chief Special Master Corcoran Petitioner, v. Filed : June 9, 2023 SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Rhonda Lorenz-Pignato, Shannon Law Group, P.C., Woodridge, IL, for Petitioner. Mark Kim Hellie, U.S. Department of Justice, Washington, DC, for Respondent. RULING ON ENTITLEMENT1 On December 8, 2020, Elaine Tornatore 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”) following her receipt of an influenza vaccine on August 17, 2020. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. On June 9, 2023, 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 agrees that Petitioner has satisfied the criteria set forth in the Table and the QAI for SIRVA. Id. at 6 (citing 42 C.F.R. §§ 100.3(a)(XIV)(B), 100.3(c)(10). 1 Because this unpublished Ruling contains a reasoned explanation for the action taken in this case, it must be made publicly accessible and will be posted on the United States Court of Federal Claims' website, and/or at https://www.govinfo.gov/app/collection/uscourts/national/cofc, in accordance with the E- Government Act of 2002. 44 U.S.C. § 3501 note (2018) (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 (2018). Case 1:20-vv-01806-UNJ Document 42 Filed 07/10/23 Page 2 of 2 Respondent further agrees that Petitioner has satisfied the other statutory and jurisdictional issues required for eligibility under the Vaccine Program. 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 ================================================================================ DOCUMENT 2: USCOURTS-cofc-1_20-vv-01806-1 Date issued/filed: 2023-08-17 Pages: 5 Docket text: PUBLIC DECISION (Originally filed: 07/17/2023) regarding 44 DECISION Stipulation/Proffer. Signed by Chief Special Master Brian H. Corcoran. (tlf) Service on parties made. -------------------------------------------------------------------------------- Case 1:20-vv-01806-UNJ Document 48 Filed 08/17/23 Page 1 of 5 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 20-1806V ELAINE TORNATORE, Chief Special Master Corcoran Petitioner, v. Filed: July 17, 2023 SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Rhonda Lorenz-Pignato, Shannon Law Group, P.C., Woodridge, IL, for Petitioner. Mark Kim Hellie, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON DAMAGES1 On December 8, 2020, Elaine Tornatore 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”) following her receipt of an influenza vaccine on August 17, 2020. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. On June 9, 2023, a ruling on entitlement was issued, finding Petitioner entitled to compensation for SIRVA. On July 14, 2023, Respondent filed a proffer on award of compensation (“Proffer”). Respondent represented that 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. 1 Because this Decision contains a reasoned explanation for the action taken in this case, it must be made publicly accessible and will be posted on the United States Court of Federal Claims' website, and/or at https://www.govinfo.gov/app/collection/uscourts/national/cofc, in accordance with the E-Government Act of 2002. 44 U.S.C. § 3501 note (2018) (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 (2018). Case 1:20-vv-01806-UNJ Document 48 Filed 08/17/23 Page 2 of 5 Pursuant to the terms stated in the attached Proffer, I award Petitioner a lump sum payment of $97,487.00 (representing $95,000.00 for pain and suffering, and $2,487.00 for unreimbursable 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-01806-UNJ Document 48 Filed 08/17/23 Page 3 of 5 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS ELAINE TORNATORE, Petitioner, Case No. 20-1806V (ECF) v. CHIEF SPECIAL MASTER CORCORAN SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. RESPONDENT’S PROFFER ON AWARD OF COMPENSATION I. Procedural History On December 8, 2020, Elaine Tornatore (“petitioner”) filed a petition for compensation (“Pet.”) under the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-1 to -34 (“Vaccine Act” or “Act”), as amended. Petitioner alleges that she suffered from a left shoulder injury related to vaccine administration (“SIRVA”) as a result of an influenza (“flu”) vaccine administered on August 17, 2020. Pet. at 1. On June 9, 2023, respondent filed his Rule 4(c) Report, conceding entitlement in this case. ECF Doc. 38 at 1. On June 9, 2023, the Court issued its Ruling on Entitlement, finding that petitioner was entitled to compensation. ECF Doc. 40. II. Items of Compensation and Form of the Award Based upon the evidence of record, respondent proffers that petitioner should be awarded $97,487.00. The award is comprised of the following: $95,000.00 for pain and Case 1:20-vv-01806-UNJ Document 48 Filed 08/17/23 Page 4 of 5 suffering and $2,487.00 for unreimbursed medical expenses. This amount represents all elements of compensation to which petitioner would be entitled under 42 U.S.C. § 300aa-15(a) regarding her August 17, 2020, flu 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 $97,487.00, 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 Director Torts Branch, Civil Division HEATHER L. PEARLMAN Deputy Director Torts Branch, Civil Division DARRYL R. WISHARD 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-01806-UNJ Document 48 Filed 08/17/23 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 14, 2023 3 ================================================================================ DOCUMENT 3: USCOURTS-cofc-1_20-vv-01806-cl-extra-10736702 Date issued/filed: 2023-12-18 Pages: 1 Docket text: Supplementary opinion from CourtListener cluster 10270112 -------------------------------------------------------------------------------- In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 20-1806V ELAINE TORNATORE, Chief Special Master Corcoran Petitioner, v. Filed: November 16, 2023 SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Rhonda Lorenz-Pignato, Shannon Law Group, P.C., Woodridge, IL, for Petitioner. Mark Kim Hellie, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON ATTORNEY’S FEES AND COSTS 1 On December 8, 2020, Elaine Tornatore 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 following her receipt of an influenza vaccine on August 17, 2020. Petition, ECF No. 1. On July 17, 2023, I issued a decision awarding compensation to Petitioner based on the Respondent’s proffer. ECF No. 44. 1 Because this Decision contains a reasoned explanation for the action taken in this case, it must be made publicly accessible and will be posted on the United States Court of Federal Claims' website, and/or at https://www.govinfo.gov/app/collection/uscourts/national/cofc, in accordance with the E-Government Act of 2002. 44 U.S.C. § 3501 note (2018) (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 inf ormation, 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 f rom 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 ref erences to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. § 300aa (2018). Petitioner has now filed a motion for attorney’s fees and costs, requesting an award of $53,982.71 (representing $52,258.80 in fees plus $1,723.91 in costs). Petitioner’s Application for Fees and Costs (“Motion”) filed Sept. 1, 2023, ECF No. 50. In accordance with General Order No. 9, Petitioner filed a signed statement representing that Petitioner incurred no out-of-pocket expenses. ECF No. 49. Respondent reacted to the motion on Sept 15, 2023, reporting that he is satisfied that the statutory requirements for an award of attorney’s fees and costs are met in this case, but deferring resolution of the amount to be awarded to my discretion. Respondent’s Response to Motion at 2-3, ECF No. 51. Petitioner did not file a reply thereafter. I have reviewed the billing records submitted with Petitioner’s request. In my experience, the request appears reasonable, and I find no cause to reduce the requested hours or rates. Respondent offered no specific objection to the rates or amounts sought. The Vaccine Act permits an award of reasonable attorney’s fees and costs for successful claimants. Section 15(e). Accordingly, I hereby GRANT Petitioner’s Motion for attorney’s fees and costs. I award a total of $53,982.71 (representing $52,258.80 in fees plus $1,723.91 in attorney’s costs) as a lump sum in the form of a check jointly payable to Petitioner and Petitioner’s counsel, Rhonda Lorenz-Pignato. In the absence of a timely-filed motion for review (see Appendix B to the Rules of the Court), the Clerk of Court shall 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), the parties may expedite entry of judgment by f iling a joint notice renouncing their right to seek review. 2