VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-01907 Package ID: USCOURTS-cofc-1_20-vv-01907 Petitioner: Mykayla Carollo Filed: 2020-12-18 Decided: 2022-11-29 Vaccine: influenza Vaccination date: 2019-10-06 Condition: left shoulder injuries related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 57709 AI-assisted case summary: Mykayla Carollo filed a petition for compensation on December 18, 2020, alleging she suffered left shoulder injuries related to vaccine administration (SIRVA) from an influenza vaccine received on October 6, 2019. The petition stated the vaccination occurred in the United States and that the injury lasted more than six months. The case was assigned to the Special Processing Unit of the Office of Special Masters. On October 14, 2022, the Respondent filed a Rule 4(c) report conceding entitlement, determining that Ms. Carollo met the criteria for SIRVA on the Vaccine Injury Table and satisfied the statutory severity requirement. Chief Special Master Brian H. Corcoran issued a ruling on entitlement on October 14, 2022, finding Petitioner entitled to compensation. Subsequently, on November 29, 2022, Chief Special Master Corcoran issued a decision awarding damages. Based on a proffer agreed to by both parties, Ms. Carollo was awarded a lump sum of $57,709.05 for all damages, payable by check to Petitioner. Petitioner was represented by Amy A. Senerth of Muller Brazil, LLP, and Respondent was represented by Amanda Pasciuto 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 Mykayla Carollo alleged Shoulder Injury Related to Vaccine Administration (SIRVA) following an influenza vaccine administered on October 6, 2019. The Respondent conceded entitlement, determining that Petitioner met the criteria for SIRVA on the Vaccine Injury Table and satisfied the statutory severity requirement of residual effects lasting more than six months. The public text does not detail the specific mechanism of injury, expert testimony, or clinical findings. Petitioner was represented by Amy A. Senerth and Respondent by Amanda Pasciuto. Chief Special Master Brian H. Corcoran issued the ruling on entitlement on October 14, 2022, and the decision awarding damages on November 29, 2022. The award was a lump sum of $57,709.05 for all damages. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_20-vv-01907-0 Date issued/filed: 2022-11-21 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 10/18/2022) regarding 33 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (nh) Service on parties made. -------------------------------------------------------------------------------- Case 1:20-vv-01907-UNJ Document 38 Filed 11/21/22 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 20-1907V UNPUBLISHED MYKAYLA CAROLLO, Chief Special Master Corcoran Petitioner, Filed: October 18, 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) Amy A. Senerth, Muller Brazil, LLP, Dresher, PA, for Petitioner. Amanda Pasciuto, U.S. Department of Justice, Washington, DC, for Respondent. RULING ON ENTITLEMENT1 On December 18, 2020, Mykayla Carollo 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 left shoulder injuries related to vaccine administration (SIRVA) as a result of an influenza vaccine she received on October 6, 2019. Petition at 1. Petitioner further alleges that the vaccination was administered within the United States, her left shoulder injuries and sequelae lasted more than six months, and neither Petitioner nor any other party has ever filed any action or received any compensation in the form of award or settlement for her vaccine-related injuries. Petition at 1-3. 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-01907-UNJ Document 38 Filed 11/21/22 Page 2 of 2 On October 14, 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 determined that “[P]etitioner has satisfied the criteria set forth in the Vaccine Injury Table (“Table”) and the Qualifications and Aids to Interpretation (“QAI”) for SIRVA.” Id. at 5. Respondent further agrees that “[P]etitioner timely filed her case, that she received the flu vaccine in the United States, and that she satisfies the statutory severity requirement by suffering the residual effects or complications of her injury for more than six months after vaccine administration.” 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-01907-1 Date issued/filed: 2022-11-29 Pages: 2 Docket text: PUBLIC DECISION (Originally filed: 10/18/2022) regarding 34 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (nh) Service on parties made. -------------------------------------------------------------------------------- Case 1:20-vv-01907-UNJ Document 39 Filed 11/29/22 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 20-1907V UNPUBLISHED MYKAYLA CAROLLO, Chief Special Master Corcoran Petitioner, Filed: October 18, 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) Amy A. Senerth, Muller Brazil, LLP, Dresher, PA, for Petitioner. Amanda Pasciuto, U.S. Department of Justice, Washington, DC, for Respondent. DECISION AWARDING DAMAGES1 On December 18, 2020, Mykayla Carollo 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 left shoulder injuries related to vaccine administration (SIRVA) as a result of an influenza vaccine she received on October 6, 2019. Petition at 1.The case was assigned to the Special Processing Unit of the Office of Special Masters. On October 14, 2022, Respondent filed a combined Rule 4(c) report and proffer on award of compensation (“Proffer”). On the same day, a ruling on entitlement was issued, finding Petitioner entitled to compensation for SIRVA. In the Proffer, Respondent indicated that Petitioner should be awarded $57,709.05 for all damages. Proffer at 6. Also in the Proffer, Respondent represented that Petitioner agrees with the proffered award. 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-01907-UNJ Document 39 Filed 11/29/22 Page 2 of 2 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 Proffer, I award Petitioner a lump sum payment of $57,709.05 for all damages 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