VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-01868
Package ID: USCOURTS-cofc-1_20-vv-01868
Petitioner: Theresa Buoni
Filed: 2020-12-15
Decided: 2023-02-13
Vaccine: influenza (flu)
Vaccination date: 2019-10-09
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 53244

AI-assisted case summary:
Theresa Buoni filed a petition for compensation on December 15, 2020, alleging that she suffered a shoulder injury related to vaccine administration (SIRVA) as a result of receiving an influenza vaccine on October 9, 2019. The respondent conceded that Ms. Buoni is entitled to compensation, determining that her injury met the criteria for SIRVA on the Vaccine Injury Table. Specifically, the respondent found that she had no prior relevant shoulder issues, her pain and reduced range of motion occurred within 48 hours of vaccination, her symptoms were limited to the vaccinated shoulder, and no other condition explained her symptoms. A ruling on entitlement was issued on April 26, 2022, finding her entitled to compensation. Subsequently, on January 10, 2023, the respondent filed a proffer on award of compensation, recommending $53,244.47, including $52,500.00 for pain and suffering and $744.47 for past unreimbursable expenses. Ms. Buoni, identified as a competent adult, agreed with this award. A decision awarding damages was issued on February 13, 2023, granting the lump sum payment of $53,244.47.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_20-vv-01868-0
Date issued/filed: 2022-06-09
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 04/26/2022) regarding 26 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:20-vv-01868-UNJ Document 29 Filed 06/09/22 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-1868V
UNPUBLISHED
THERESA BUONI, Chief Special Master Corcoran
Petitioner, Filed: April 26, 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)
Ronald Craig Homer, Conway, Homer, P.C., Boston, MA, for Petitioner.
Nancy Tinch, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On December 15, 2020, Theresa Buoni 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) as a result of receiving the influenza (flu) vaccine on October 9,
2019. Petition at 1. Petitioner further alleges that she received the vaccination within the
United States, she suffered the residual effects of her injury for more than six months,
and no lawsuits have been filed or settlements or awards accepted by anyone due to
Petitioner’s vaccine-related injury. Petition at 2, 15. 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-01868-UNJ Document 29 Filed 06/09/22 Page 2 of 2
On April 8, 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.
Respondent determined that “Petitioner has satisfied the criteria set forth in the Vaccine
Injury Table (“Table”) and the Qualifications and Aids to Interpretation (“QAI”) for a
Shoulder Injury Related to Vaccine Administration (“SIRVA”).” Id. at 8. Specifically,
Respondent found that “Petitioner had no relevant history of pain, inflammation, or
dysfunction in her left shoulder; her pain and reduced range of motion occurred within 48
hours of receipt of an intramuscular vaccination; her symptoms were limited to the
shoulder in which the vaccine was administered; and, no other condition or abnormality
was identified to explain her symptoms.” Id. at 8-9. Respondent further agrees that the
scope of damages to be awarded is limited to petitioner’s SIRVA and its related sequelae
only.” Id. at 9.
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-01868-1
Date issued/filed: 2023-02-13
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 01/13/2023) regarding 37 DECISION Stipulation/Proffer ( Signed by Chief Special Master Brian H. Corcoran. )(mpj) Service on parties made.
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Case 1:20-vv-01868-UNJ Document 41 Filed 02/13/23 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-1868V
UNPUBLISHED
THERESA BUONI, Chief Special Master Corcoran
Petitioner, Filed: January 13, 2023
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)
Ronald Craig Homer, Conway, Homer, P.C., Boston, MA, for Petitioner.
Nancy Tinch, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On December 15, 2020, Theresa Buoni 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) as a result of the influenza (flu) vaccine she received on October
9, 2019. Petition at 1. The case was assigned to the Special Processing Unit of the Office
of Special Masters.
On April 26, 2022, a ruling on entitlement was issued, finding Petitioner entitled to
compensation for SIRVA. On January 10, 2023, Respondent filed a proffer on award of
compensation (“Proffer”) indicating Petitioner should be awarded $53,244.47, including
$52,500.00 in pain and suffering and $744.47 for past unreimbursable expenses. Proffer
at 1-2. In the Proffer, Respondent represented that Petitioner agrees with the proffered
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-01868-UNJ Document 41 Filed 02/13/23 Page 2 of 5
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 $53,244.47, including $52,500.00 in pain and suffering and $744.47
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-01868-UNJ Document 41 Filed 02/13/23 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
THERESSA BUONI,
Petitioner,
v. No. 20-1868V
Chief Special Master Corcoran
SECRETARY OF HEALTH AND ECF
HUMAN SERVICES,
Respondent.
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On December 15, 2020, Theresa Buoni (“petitioner”) filed a petition for compensation
under the National Childhood Vaccine Injury Act of 1986, as amended (“the Vaccine Act” or
“the Act”), 42 U.S.C. §§ 300aa-1 to -34. Petitioner alleges that she suffered a shoulder injury
related to vaccine administration (“SIRVA”) as a result of an influenza (“flu”) vaccine
administered to her on October 9, 2019. Petition (“Pet.”) at 1. On April 8, 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 on April
26, 2022, the Chief Special Master issued a Ruling on Entitlement finding petitioner entitled to
compensation. ECF No. 26.
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.
1

Case 1:20-vv-01868-UNJ Document 41 Filed 02/13/23 Page 4 of 5
B. Past Unreimbursable Expenses
Evidence supplied by petitioner documents that she incurred past unreimbursable
expenses related to her vaccine-related injury. Respondent proffers that petitioner should be
awarded past unreimbursable expenses in the amount of $744.47. 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
Respondent recommends that the compensation provided to petitioner should be made
through a lump sum payment as described below and requests that the Chief Special Master’s
decision and the Court’s judgment award the following1: a lump sum payment of $53,244.47, in
the form of a check payable to petitioner.
Petitioner is a competent adult. Evidence of guardianship is not required in this case.
III. Summary of Recommended Payments Following Judgment
Lump sum payable to petitioner, Theressa Buoni: $53,244.47
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. In particular, respondent would oppose any award for future lost
earnings and future pain and suffering.
2

Case 1:20-vv-01868-UNJ Document 41 Filed 02/13/23 Page 5 of 5
LARA A. ENGLUND
Assistant Director
Torts Branch, Civil Division
/s/ NANCY O. TINCH
Nancy O. Tinch
Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146 Benjamin Franklin Station
Washington D.C. 20044-0146
(202) 305-2078
nancy.tinch@usdoj.gov
Dated: January 10, 2023
3