VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-00104
Package ID: USCOURTS-cofc-1_21-vv-00104
Petitioner: Misty Nuzzo
Filed: 2021-01-05
Decided: 2024-02-29
Vaccine: influenza
Vaccination date: 2019-11-05
Condition: left shoulder injuries related to vaccine administration ("SIRVA")
Outcome: compensated
Award amount USD: 40000

AI-assisted case summary:
Misty Nuzzo filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging she suffered a left shoulder injury related to vaccine administration (SIRVA) from an influenza vaccination received on November 5, 2019. She stated the vaccine was administered in the United States, her symptoms lasted more than six months, and no prior action or compensation had been sought for this injury. Respondent denied that petitioner sustained SIRVA or that the flu vaccine caused or aggravated her alleged injury. Despite these denials, the parties filed a joint stipulation agreeing to a settlement. The Chief Special Master adopted the stipulation as the decision awarding damages. Misty Nuzzo was awarded a lump sum of $40,000.00 as compensation for all items of damages available under Section 15(a). The case proceeded as a Table claim, and the parties stipulated to the award amount.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_21-vv-00104-0
Date issued/filed: 2024-02-29
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 01/23/2024) regarding 40 DECISION Stipulation/Proffer. Signed by Chief Special Master Brian H. Corcoran. (kle) Service on parties made.
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Case 1:21-vv-00104-UNJ Document 44 Filed 02/29/24 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 21-104V
MISTY NUZZO, Chief Special Master Corcoran
Petitioner, Filed: January 23, 2024
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Bridget Candace McCullough, Muller Brazil, LLP, Dresher, PA, for Petitioner.
Katherine Carr Esposito, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION ON JOINT STIPULATION1
On January 5, 2021, Misty Nuzzo filed a petition2 for compensation under the
National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.3 (the
“Vaccine Act”). Petitioner alleges that she suffered left shoulder injuries related to vaccine
administration (“SIRVA”) resulting from the influenza (“flu”) vaccination she received on
November 5, 2019. Amended Petition at 1; Stipulation, filed at January 23, 2024, ¶¶ 3-5.
Petitioner further alleges that the vaccine was administered within the United States, her
symptoms lasted for more than six months, and neither she, nor any other party, has ever
filed any action or received compensation in the form of award or settlement for her
vaccine-related injury. Petition at 1, 4; Stipulation at ¶¶ 3-5. “Respondent denies that
[P]etitioner sustained injuries including SIRVA; denies that the flu vaccine caused or
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 Petitioner filed a more detailed Amended Petition on December 6, 2022. ECF No. 26.
3 National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755. Hereinafter, for ease
of citation, all “§” references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. § 300aa
(2012).

Case 1:21-vv-00104-UNJ Document 44 Filed 02/29/24 Page 2 of 7
significantly aggravated [P]etitioner’s alleged left shoulder injury, or any other injury; and
denies that her current condition is a sequelae of a vaccine-related injury.” Stipulation at
¶ 6.
Nevertheless, on January 23, 2024, 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 Stipulation4, I award the following
compensation:
A lump sum of $40,000.00 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.5
IT IS SO ORDERED.
s/Brian H. Corcoran
Brian H. Corcoran
Chief Special Master
4 The “Vinesign” signature verification page has been omitted from the Stipulation.
5 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.
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Case 1:21-vv-00104-UNJ Document 44 Filed 02/29/24 Page 3 of 7
IN THE UNITED STA TES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
MISTY NUZZO,
Petitioner,
No. 21-104V
v. Chief Special Master Corcoran
ECF
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
STIPULATION
The parties hereby stipulate to the following matters:
1. Petitioner, Misty Nuzzo, filed a petition and an amended petition for vaccine
compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. § 300aa-1 O
to 34 (the ''Vaccine Program"). The amended petition seeks compensation for injuries allegedly
related to petitioner's receipt of an influenza ("flu") vaccine, which is contained in the Vaccine
Injury Table (the "Table"), 42 C.F.R. § 100.3 (a).
2. Petitioner received a flu vaccine in her left deltoid on or about November 5, 2019.
3. The vaccine was administered within the United States.
4. Petitioner alleges that she subsequently developed a left shoulder injury related to
vaccine administration ("SIRVA") as a result of her vaccination. She further alleges that she has
experienced residual effects of this injury for more than six months.
5. Petitioner represents that there has been no prior award or settlement of a civil
action for damages on her behalf as a result of her condition.

Case 1:21-vv-00104-UNJ Document 44 Filed 02/29/24 Page 4 of 7
6. Respondent denies that petitioner sustained injuries including SIRVA; denies that
the flu vaccine caused or significantly aggravated petitioner's alleged left shoulder injury, or any
other injury; and denies that her current condition is a sequelae of a vaccine-related injury.
7. Maintaining their above-stated positions, the parties nevertheless now agree that
the issues between them shall be settled and that a decision should be entered awarding the
compensation described in paragraph 8 of this Stipulation.
8. As soon as practicable after an entry ofj udgment reflecting a decision consistent
with the terms of this Stipulation, and after petitioner has filed an election to receive
compensation pursuant to 42 U.S.C. § 300aa-21(a)(l), the Secretary of Health and Human
Services will issue the following vaccine compensation payment:
A lump swn of$40,000.00 in the form of a check payable to petitioner. This amount
represents compensation for all damages that would be available under 42 U.S.C.
§ 300aa-l 5(a).
9. As soon as practicable after the entry ofj udgment on entitlement in this case, and
after petitioner has filed both a proper and timely election to receive compensation pursuant to
42 U.S.C. § 300aa-2l(a)(l), and an application, the parties will submit to further proceedings
before the special master to award reasonable attorneys' fees and costs incurred in proceeding
upon this petition.
10. Petitioner and her attorney represent that compensation to be provided pursuant to
this Stipulation is not for any items or services for which the Program is not primarily liable
under 42 U.S.C. § 300aa-l 5(g), to the extent that payment has been made or can reasonably be
expected to be made under any State compensation programs, insurance policies, Federal or
State health benefits programs (other than Title XIX of the Social Security Act (42 U.S.C.
§ 1396 et seq.)), or by entities that provide health services on a pre-paid basis.
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Case 1:21-vv-00104-UNJ Document 44 Filed 02/29/24 Page 5 of 7
11. Payment made pursuant to paragraph 8 and any amounts awarded pursuant to
paragraph 9 of this Stipulation will be made in accordance with 42 U.S.C. § 300aa-15(i), subject
to the availability of sufficient statutory funds.
12. The parties and their attorneys further agree and stipulate that, except for any
award for attorneys' fees, and litigation costs, the money provided pursuant to this Stipulation
will be used solely for the benefit of petitioner as contemplated by a strict construction of 42
U.S.C. § 300aa-15(a) and (d), and subject to the conditions of 42 U.S.C. § 300aa-15(g) and (h).
13. In return for the payments described in paragraphs 8 and 9, petitioner, in her
individual capacity and on behalf of her heirs, executors, administrators, successors or assigns,
does forever irrevocably and unconditionally release, acquit and discharge the United States and
the Secretary of Health and Human Services from any and all actions or causes of action
(including agreements, judgments, claims, damages, loss of services, expenses and all demands
of whatever kind or nature) that have been brought, could have been brought, or could be timely
brought in the Court of Federal Claims, under the National Vaccine Injury Compensation
Program, 42 U.S.C. § 300aa-l 0 et seq., on account of, or in any way growing out of, any and all
known or unknown, suspected or unsuspected personal injuries to or death of petitioner resulting
from, or alleged to have resulted from a flu vaccine administered on or about November 5, 2019,
as alleged by petitioner in a petition for vaccine compensation filed on or about January 5, 2021,
and an amended petition filed on December 6, 2022, in the United States Court of Federal
Claims as petition No. 21-104V.
14. If petitioner should die prior to entry ofj udgment, this agreement shall be
voidable upon proper notice to the Court on behalf of either or both of the parties.
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Case 1:21-vv-00104-UNJ Document 44 Filed 02/29/24 Page 6 of 7
15. If the special master fails to issue a decision in complete confonnity with the
tenns of this Stipulation or if the Court of Federal Claims fails to enter judgment in conformity
with a decision that is in complete conformity with the terms of this Stipulation, then the parties'
settlement and this Stipulation shall be voidable at the sole discretion of either party.
16. This Stipulation expresses a full and complete negotiated settlement of liability
and damages claimed under the National Childhood Vaccine Injury Act of 1986, as amended,
except as otherwise noted in paragraph 9 above. There is absolutely no agreement on the part of
the parties hereto to make any payment or to do any act or thing other than is herein expressly
stated and clearly agreed to. The parties further agree and understand that the award described in
this Stipulation may reflect a compromise of the parties' respective positions as to liability and/or
amount of damages, and further, that a change in the nature of the injury or condition or in the
items of compensation sought, is not grounds to modify or revise this agreement.
17. This Stipulation shall not be construed as an admission by the United States or the
Secretary of Health and Human Services that the flu vaccine caused petitioner's alleged injury or
any other injury or her current disabilities, or that petitioner suffered an injury contained in the
Vaccine Injury Table.
18. All rights and obligations of petitioner hereunder shall apply equally to
petitioner's heirs, executors, administrators, successors, and/or assigns.
END OF STIPULATION
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Case 1:21-vv-00104-UNJ Document 44 Filed 02/29/24 Page 7 of 7
Respectfully submitted,
PETITIONER:
MISTY NUZZO
ATTORNEY OF RECORD FOR AUTHORIZED REPRESENTATIVE
PETITIONER: OF THE ATTORNEY GENERAL:
C~ ;J___
,__J.,,!..,
t&~ ()-u/'v:V'--
• ULL01 I HEAT IIBR L. PEARLMAN
,LLP Deputy Director
715 Twining Road, Suite 208 Torts Branch
Dresher, PA 19025 Civil Division
(215) 885-1655 U.S. Department of Justice
bridget@myvaccinelawyer.com P.O. Box 146
Benjamin Franklin Station
Washington, DC 20044-0146
AUTHORIZED REPRESENTATIVE ATTORNEY OF RECORD FOR
OFTHESECRETARYOFHEALTH RESPONDENT:
AND HUMAN SERVICES:
George R. Grimes
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Date: 2024.01.09, 3:00:39 -OS'00'
CDR GEORGE REED GRIMES, MD, MPH ~~:E.ES~ -:i
Director, Division of Injury Trial Attorney
Compensation Programs Torts Branch
Health Systems Bureau Civil Division
Health Resources and Services U.S. Department of Justice
Administration P.O. Box 146
U.S. Department of Health Benjamin Franklin Station
and Hwnan Services Washington, DC 20044-0146
5600 Fishers Lane, 08W-25A Tel: (202) 305-3774
Rockville, MD 20857 Email: katherine.esposito@usdoj.gov
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