VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-00453
Package ID: USCOURTS-cofc-1_21-vv-00453
Petitioner: Ann Scarantino
Filed: 2021-01-11
Decided: 2023-10-20
Vaccine: influenza
Vaccination date: 2020-11-06
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 40000

AI-assisted case summary:
Ann Scarantino filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she suffered a shoulder injury related to vaccine administration (SIRVA) resulting from an influenza vaccination she received on November 6, 2020. She stated that her injury lasted longer than six months and that she had not previously received compensation for this injury. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report conceding that Ms. Scarantino was entitled to compensation. The respondent concluded that her injury was consistent with SIRVA as defined by the Vaccine Injury Table, noting that she had no prior shoulder issues, the pain occurred within 48 hours of vaccination, and the pain was localized to the injection site. The respondent also agreed that her condition persisted for more than six months. Based on the respondent's concession and the evidence, the Chief Special Master issued a ruling on entitlement, finding Ms. Scarantino entitled to compensation. Subsequently, a decision awarding damages was issued. The respondent proffered an award of $40,000.00 in pain and suffering only, which Ms. Scarantino agreed to. The court awarded Ms. Scarantino a lump sum payment of $40,000.00 for pain and suffering.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_21-vv-00453-0
Date issued/filed: 2023-10-12
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 09/07/2023) regarding 30 Ruling on Entitlement ( Signed by Chief Special Master Brian H. Corcoran. )(mpj) Service on parties made.
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Case 1:21-vv-00453-UNJ Document 34 Filed 10/12/23 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 21-453V
ANN SCARANTINO, Chief Special Master Corcoran
Petitioner, Filed: September 7, 2023
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Leah VaSahnja Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC, for
Petitioner.
Alec Saxe, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On January 11, 2021, Ann Scarantino 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 a shoulder injury related to vaccine
administration (SIRVA) resulting from the influenza (flu) vaccination she received on
October 6, 2020. Amended Petition at 1. Petitioner further alleges the vaccination was
administered within the United States, her injury lasted longer than six months, and
neither she, nor any other party, has ever received compensation in the form of an award
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 Petitioner filed a more detailed amended petition on November 14, 2022. See ECF No. 20.
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-00453-UNJ Document 34 Filed 10/12/23 Page 2 of 2
or settlement for her vaccine-related injury. Id. at 1, 3-4. The case was assigned to the
Special Processing Unit of the Office of Special Masters.
On August 7, 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. Respondent concluded that “[P]etitioner’s alleged injury is consistent with SIRVA as
defined by the Vaccine Injury Table.” Id. at 6. Specifically, Respondent determined that
“[P]etitioner had no history of pain, inflammation, or dysfunction of her right shoulder prior
to vaccination; pain occurred within 48 hours after receipt of an intramuscular vaccination;
pain was limited to the shoulder in which the vaccine was administered; and no other
condition or abnormality has been identified to explain [P]etitioner’s shoulder pain.” Id.
Respondent further agrees that Petitioner 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

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DOCUMENT 2: USCOURTS-cofc-1_21-vv-00453-1
Date issued/filed: 2023-10-20
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 09/18/2023) regarding 33 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (ppa) Service on parties made.
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Case 1:21-vv-00453-UNJ Document 35 Filed 10/20/23 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 21-453V
ANN SCARANTINO, Chief Special Master Corcoran
Petitioner, Filed: September 18, 2023
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Leah VaSahnja Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC, for
Petitioner.
Alec Saxe, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On January 11, 2021, Ann Scarantino 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 a shoulder injury related to vaccine
administration (SIRVA) resulting from the influenza (flu) vaccination she received on
October 6, 2020. Amended Petition at 1. The case was assigned to the Special
Processing Unit of the Office of Special Masters.
On September 7, 2023, a ruling on entitlement was issued, finding Petitioner
entitled to compensation for SIRVA. On September 14, 2023, Respondent filed a proffer
on award of compensation (“Proffer”) indicating Petitioner should be awarded $40,000.00
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 November 14, 2022. See ECF No. 20.
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-00453-UNJ Document 35 Filed 10/20/23 Page 2 of 5
in pain and suffering only. Proffer at 1. In the 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 $40,000.00 in pain and suffering only 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.4
IT IS SO ORDERED.
s/Brian H. Corcoran
Brian H. Corcoran
Chief Special Master
4 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-00453-UNJ Document 35 Filed 10/20/23 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
)
ANN SCARANTINO, )
)
Petitioner, )
) No. 21-453V
v. ) Chief Special Master Corcoran
) ECF
SECRETARY OF HEALTH AND HUMAN )
SERVICES, )
)
Respondent. )
)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On January 11, 2021, Ann Scarantino (“petitioner”) filed a petition for compensation
under the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-1 to -34
(“Vaccine Act” or “Act”), alleging that she suffered a Shoulder Injury Related to Vaccine
Administration (“SIRVA”), as defined in the Vaccine Injury Table, following administration of
an influenza vaccine she received on November 6, 2020. Petition at 1. On August 7, 2023, 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 September 7, 2023, the Chief Special Master issued a Ruling on Entitlement finding
petitioner entitled to compensation. ECF No. 29; ECF No. 30.
I. Items of Compensation
A. Pain and Suffering
Respondent proffers that petitioner should be awarded $40,000.00 in pain and suffering
only. See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees.

Case 1:21-vv-00453-UNJ Document 35 Filed 10/20/23 Page 4 of 5
This amount represents all elements of compensation to which petitioner is entitled under
42 U.S.C. § 300aa-15(a). Petitioner agrees.
II. Form of the Award
Petitioner is a competent adult. Evidence of guardianship is not required in this case.
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 $40,000.00, in the form of a
check payable to petitioner.
III. Summary of Recommended Payments Following Judgment
Lump sum payable to petitioner, Ann Scarantino: $40,000.00
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
ALEXIS B. BABCOCK
Assistant 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 1:21-vv-00453-UNJ Document 35 Filed 10/20/23 Page 5 of 5
/s/ Alec Saxe
ALEC SAXE
Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146
Benjamin Franklin Station
Washington, D.C. 20044-0146
(202) 353-7722
alec.saxe@usdoj.gov
Dated: September 14, 2023
3