VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-00310 Package ID: USCOURTS-cofc-1_21-vv-00310 Petitioner: Michele D’Agostino Filed: 2021-01-08 Decided: 2023-04-24 Vaccine: influenza Vaccination date: 2020-03-03 Condition: shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 61338 AI-assisted case summary: Michele D’Agostino filed a petition on January 8, 2021, seeking compensation under the National Vaccine Injury Compensation Program. She alleged that she suffered a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on March 3, 2020. The case was assigned to the Special Processing Unit. On March 3, 2023, the Respondent filed a Rule 4(c) report, conceding that Petitioner's claim met the Vaccine Injury Table criteria for SIRVA and that she satisfied all legal prerequisites. Based on the Respondent's concession and the record, Chief Special Master Brian H. Corcoran issued a Ruling on Entitlement on March 6, 2023, finding Petitioner entitled to compensation. Subsequently, on March 20, 2023, Respondent proffered an award of $61,338.09. This award consisted of $60,000.00 for pain and suffering and $1,338.09 for past expenses. Petitioner agreed to this proffered award. On April 24, 2023, Chief Special Master Brian H. Corcoran issued a Decision Awarding Damages, granting the proffered award. The public decision does not describe the specific onset of symptoms, medical tests, treatments, or the mechanism of injury. Petitioner was represented by Leah VaSahnja Durant, and Respondent was represented by Naseem Kourosh. Theory of causation field: Petitioner Michele D’Agostino alleged a shoulder injury related to vaccine administration (SIRVA) following an influenza vaccine on March 3, 2020. Respondent conceded that the claim met the Vaccine Injury Table criteria for SIRVA and that Petitioner satisfied all legal prerequisites. The public text does not detail the specific mechanism of injury, medical experts, or competing medical theories. Chief Special Master Brian H. Corcoran issued a Ruling on Entitlement on March 6, 2023, and a Decision Awarding Damages on April 24, 2023. The award was a lump sum of $61,338.09, comprising $60,000.00 for pain and suffering and $1,338.09 for past expenses. Petitioner was represented by Leah VaSahnja Durant, and Respondent was represented by Naseem Kourosh. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_21-vv-00310-0 Date issued/filed: 2023-04-06 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 03/06/2023) regarding 25 Ruling on Entitlement. Signed by Chief Special Master Brian H. Corcoran. (tlf) Service on parties made. -------------------------------------------------------------------------------- Case 1:21-vv-00310-UNJ Document 32 Filed 04/06/23 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 21-0310V UNPUBLISHED MICHELE D’AGOSTINO, Chief Special Master Corcoran Petitioner, Filed: March 6, 2023 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) Leah VaSahnja Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC, for Petitioner. Naseem Kourosh, U.S. Department of Justice, Washington, DC, for Respondent. RULING ON ENTITLEMENT1 On January 8, 2021, Michele D’Agostino 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 administered on March 3, 2020. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. On March 3, 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 “[P]etitioner’s claim meets the Vaccine Injury Table 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 1:21-vv-00310-UNJ Document 32 Filed 04/06/23 Page 2 of 2 criteria for a right shoulder SIRVA.” Id. at 4. Respondent further agrees that Petitioner has satisfied all legal prerequisites under the Vaccine Act. Id. at 5. 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-00310-1 Date issued/filed: 2023-04-24 Pages: 4 Docket text: PUBLIC DECISION (Originally filed: 03/23/2023) regarding 28 DECISION Stipulation/Proffer. Signed by Chief Special Master Brian H. Corcoran. (tlf) Service on parties made. -------------------------------------------------------------------------------- Case 1:21-vv-00310-UNJ Document 33 Filed 04/24/23 Page 1 of 4 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 21-0310V UNPUBLISHED MICHELE D’AGOSTINO, Chief Special Master Corcoran Petitioner, Filed: March 23, 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) Leah VaSahnja Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC, for Petitioner. Naseem Kourosh, U.S. Department of Justice, Washington, DC, for Respondent. DECISION AWARDING DAMAGES1 On January 8, 2021, Michele D’Agostino 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 March 3, 2020. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. On March 6, 2023, a ruling on entitlement was issued, finding Petitioner entitled to compensation for SIRVA. On March 20, 2023, Respondent filed a proffer on award of compensation (“Proffer”) indicating Petitioner should be awarded $61,338.09 (consisting of $60,000.00 in pain and suffering and $1,338.09 in past expenses). Proffer at 1. In the 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 1:21-vv-00310-UNJ Document 33 Filed 04/24/23 Page 2 of 4 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. Pursuant to the terms stated in the attached Proffer, I award Petitioner a lump sum payment of $61,338.09 (comprised of $60,000.00 in pain and suffering and $1,338.09 in past 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 1:21-vv-00310-UNJ Document 33 Filed 04/24/23 Page 3 of 4 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS MICHELE D’AGOSTINO, Petitioner, No. 21-310V (ECF) v. Chief Special Master Corcoran SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. RESPONDENT’S PROFFER ON AWARD OF COMPENSATION On January 8, 2021, Michele D’Agostino (“petitioner”) filed a petition for compensation under the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-1 to -34 (2018) (the “Vaccine Act”). Petitioner alleged that she suffered right shoulder injury related to vaccine administration as a result of an influenza vaccine received on March 3, 2020. ECF No. 1. On March 3, 2023, respondent filed a report conceding that compensation under the Vaccine Act is appropriate in this case. ECF No. 24. On March 6, 2023, the Chief Special Master issued a Ruling on Entitlement, finding that petitioner is entitled to compensation. ECF No. 25. On the same date, the Chief Special Master issued a Damages Order. ECF No. 26. I. Items of Compensation Based upon the evidence of record, respondent proffers that petitioner should be awarded $61,338.09, consisting of $60,000.00 in pain and suffering damages and $1,338.09 in past expenses, which represents all elements of compensation to which petitioner would be entitled under 42 U.S.C. § 300aa-15(a). Petitioner agrees. II. Form of the Award Case 1:21-vv-00310-UNJ Document 33 Filed 04/24/23 Page 4 of 4 Petitioner is a competent adult. Evidence of guardianship is not required in this case. Respondent recommends that the compensation provided to petitioner 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 following: a lump sum payment of $61,338.09, in the form of a check payable to petitioner.1 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 /s/ Naseem Kourosh NASEEM KOUROSH Trial Attorney Torts Branch, Civil Division U.S. Department of Justice P.O. Box 146, Benjamin Franklin Station Washington, D.C. 20044-0146 Telephone: (202) 305-1159 E-mail: Naseem.Kourosh@usdoj.gov DATED: March 20, 2023 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 pain and suffering, and future lost wages.