VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-00188 Package ID: USCOURTS-cofc-1_21-vv-00188 Petitioner: Vivian Ditomasso Filed: 2021-01-07 Decided: 2024-06-05 Vaccine: influenza Vaccination date: 2020-09-04 Condition: shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 88180 AI-assisted case summary: Vivian Ditomasso filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) as a result of an influenza vaccine administered on September 4, 2020. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report conceding that Ms. Ditomasso's alleged injury is consistent with SIRVA as defined by the Vaccine Injury Table. The respondent further agreed that she suffered residual effects for more than six months. Based on the respondent's concession and the evidence of record, the court found Ms. Ditomasso entitled to compensation. Subsequently, a decision awarding damages was issued. The respondent proffered an award of $88,180.35, comprised of $87,500.00 for pain and suffering and $680.35 for past unreimbursable expenses, which Ms. Ditomasso agreed to. The court awarded Ms. Ditomasso the proffered lump sum payment, representing compensation for all damages available under the program. Theory of causation field: Table Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_21-vv-00188-0 Date issued/filed: 2024-06-05 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 05/02/2024) regarding 45 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (ppa) Service on parties made. -------------------------------------------------------------------------------- Case 1:21-vv-00188-UNJ Document 54 Filed 06/05/24 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 21-0188V VIVIAN DITOMASSO, Chief Special Master Corcoran Petitioner, Filed: May 2, 2024 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Rhonda Lorenz-Pignato, Shannon Law Group, PC, Woodridge, IL, for Petitioner. Felicia Langel, U.S. Department of Justice, Washington, DC, for Respondent. RULING ON ENTITLEMENT1 On January 7, 2021, Vivian Ditomasso 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 an influenza (“flu”) vaccine that was administered on September 4, 2020. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. On April 24, 2024, 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 “has concluded that [P]etitioner’s alleged injury is consistent 1 Because this 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 1:21-vv-00188-UNJ Document 54 Filed 06/05/24 Page 2 of 2 with SIRVA as defined by the Vaccine Injury Table.” Id. at 4. Respondent further agrees that “[P]etitioner suffered the residual effects of her condition for more than six months.” 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_21-vv-00188-1 Date issued/filed: 2024-06-05 Pages: 2 Docket text: PUBLIC DECISION (Originally filed: 05/02/2024) regarding 46 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (ppa) Service on parties made. -------------------------------------------------------------------------------- Case 1:21-vv-00188-UNJ Document 55 Filed 06/05/24 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 21-0188V VIVIAN DITOMASSO, Chief Special Master Corcoran Petitioner, Filed: May 2, 2024 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Rhonda Lorenz-Pignato, Shannon Law Group, PC, Woodridge, IL, for Petitioner. Felicia Langel, U.S. Department of Justice, Washington, DC, for Respondent. DECISION AWARDING DAMAGES1 On January 7, 2021, Vivian Ditomasso 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 an influenza (“flu”) vaccine that was administered on September 4, 2020. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. On May 2, 2024, a ruling on entitlement was issued, finding Petitioner entitled to compensation for SIRVA. On April 24, 2024, Respondent filed a combined Rule 4 report/proffer on award of compensation (“Rule 4/Proffer”) indicating Petitioner should be awarded $88,180.35 (comprised of $87,500.00 in pain and suffering and $680.35 in past unreimbursable expenses). Rule 4/Proffer at 5. In the Rule 4/Proffer, Respondent 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 1:21-vv-00188-UNJ Document 55 Filed 06/05/24 Page 2 of 2 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 Rule 4/Proffer. Pursuant to the terms stated in the Rule 4/Proffer, I award Petitioner a lump sum payment of $88,180.35 (comprised of $87,500.00 in pain and suffering and $680.35 in 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