VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-00462
Package ID: USCOURTS-cofc-1_21-vv-00462
Petitioner: DeAnn Baber
Filed: 2021-01-11
Decided: 2023-09-08
Vaccine: influenza
Vaccination date: 2020-09-17
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 59456

AI-assisted case summary:
DeAnn Baber, an adult, received an influenza vaccine on September 17, 2020. She subsequently developed a shoulder injury related to vaccine administration (SIRVA), characterized by pain and reduced range of motion. The injury persisted for longer than six months. Her petition was filed on January 11, 2021. The respondent conceded entitlement, agreeing that the evidence established the elements required for a SIRVA claim under the Vaccine Injury Table, including no prior history of shoulder issues, onset of pain within 48 hours of vaccination, pain limited to the injection site shoulder, and no other explanatory condition. The case proceeded as a Table claim. On September 8, 2023, the court awarded compensation. The award included a lump sum of $57,500.00 for pain and suffering and $1,956.06 to satisfy a State of California Medicaid lien, totaling $59,456.00. Dana Iorio, as special administrator of Ms. Baber's estate, was substituted into the case after Ms. Baber's death, which occurred during the pendency of the claim but was not attributed to the vaccine injury.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_21-vv-00462-0
Date issued/filed: 2023-07-06
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 06/05/2023) regarding 39 Ruling on Entitlement. Signed by Chief Special Master Brian H. Corcoran. (tlf) Service on parties made.
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Case 1:21-vv-00462-UNJ Document 41 Filed 07/06/23 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 21-0462V
UNPUBLISHED
DANA IORIO as special administrator Chief Special Master Corcoran
of ESTATE OF DEANN BABER,
Filed: June 5, 2023
Petitioner,
v. Special Processing Unit (SPU);
Ruling on Entitlement; Concession;
SECRETARY OF HEALTH AND Table Injury; Influenza (Flu) Vaccine;
HUMAN SERVICES, Shoulder Injury Related to Vaccine
Administration (SIRVA)
Respondent.
Rhonda Lorenz-Pignato, Shannon Law Group, PC, Woodridge, IL, for Petitioner.
Voris Edward Johnson, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On January 11, 2021, DeAnn Baber filed a petition for compensation under the
National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.2 (the
“Vaccine Act”). On November 4, 2022, following Ms. Baber’s death, Dana Iorio, special
administrator of Ms. Baber’s estate, was substituted (ECF No. 26). On December 12,
2022, an amended petition was filed (ECF No. 27). Petitioner alleges that Ms. Baber
suffered a shoulder injury related to vaccine administration (“SIRVA”) resulting from an
influenza vaccine Ms. Baber received on September 17, 2020. Amended Petition at 1.
Petitioner further alleges that the vaccine was administered in the United States, Ms.
1 Because this unpublished 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-00462-UNJ Document 41 Filed 07/06/23 Page 2 of 2
Baber’s pain and impairment continued for longer than six months, and neither Ms. Baber,
nor any other party, has ever filed an action or received compensation in the form of an
award or settlement for Ms. Baber’s vaccine-related injury. Amended Petition at ¶¶ 3, 33,
36-37. The case was assigned to the Special Processing Unit of the Office of Special
Masters.
On June 1, 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 “a preponderance of the evidence establishes
(1) that Ms. Baber had no apparent history of pain, inflammation, or dysfunction of the
affected shoulder prior to intramuscular vaccine administration that would explain the
alleged signs, symptoms, examination findings, and/or diagnostic studies occurring after
vaccine injection; (2) that she more likely than not suffered the onset of pain within forty-
eight hours of vaccine administration; (3) that her pain and reduced range of motion were
limited to the shoulder in which the intramuscular vaccine was administered; and (4) that
there is no other condition or abnormality present that would explain petitioner’s
symptoms.” Id. at 5. Respondent further agrees that “the records show that the case was
timely filed, that the vaccine was received in the United States, and that Ms. Baber
satisfied the statutory severity requirement by suffering the residual effects or
complications of her injury for more than six months after vaccine administration.” Id.
Respondent also notes that Petitioner avers that no civil action has been filed, or
compensation in the form of an award or civil settlement has been received, for Ms.
Baber’s SIRVA. 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-00462-1
Date issued/filed: 2023-09-08
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 08/08/2023) regarding 44 DECISION Stipulation/Proffer. Signed by Chief Special Master Brian H. Corcoran. (tlf) Service on parties made.
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Case 1:21-vv-00462-UNJ Document 48 Filed 09/08/23 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 21-0462V
DANA IORIO as special administrator Chief Special Master Corcoran
of ESTATE OF DEANN BABER,
Filed: August 8, 2023
Petitioner,
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Rhonda Lorenz-Pignato, Shannon Law Group, P.C., Woodridge, IL, for Petitioner.
Voris Edward Johnson, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On January 11, 2021, Deann Baber filed a petition for compensation under the
National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.2 (the
“Vaccine Act”). On November 4, 2022, following Ms. Baber’s death, Dana Iorio, special
administrator of Ms. Baber’s estate, was substituted (ECF No. 26). On December 12,
2022, an amended petition was filed (ECF No. 27). Petitioner alleges that Ms. Baber
suffered a shoulder injury related to vaccine administration (“SIRVA”) resulting from an
influenza vaccine Ms. Baber received on September 17, 2020. Amended Petition at 1.
Petitioner further alleges that the vaccine was administered in the United States, Ms.
Baber’s pain and impairment continued for longer than six months, and neither Ms. Baber,
nor any other party, has ever filed an action or received compensation in the form of an
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-00462-UNJ Document 48 Filed 09/08/23 Page 2 of 5
award or settlement for Ms. Baber’s vaccine-related injury. Amended Petition at ¶¶ 3, 33,
36-37. The case was assigned to the Special Processing Unit of the Office of Special
Masters.
On June 5, 2023, a ruling on entitlement was issued, finding Petitioner entitled to
compensation for SIRVA. On August 8, 2023, Respondent filed a proffer on award of
compensation (“Proffer”) indicating Petitioner should be awarded a lump sum of
$57,500.00, as well as $1,956.06 to satisfy a State of California Medicaid lien. Proffer at
1-2. 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 the
following:
• A lump sum payment of $57,500.00 (for pain and suffering) in the form of a
check payable to Petitioner, Dana Iorio, as special administrator of the
estate of Deann Baber; and
• A lump sum of $1,956.06, to satisfy a State of California Medicaid lien, in the
form of a check made payable jointly to Petitioner and
Department of Health Care Services
Recovery Branch – MS 4720
P.O. Box 997421
Sacramento, CA 95899-7421
Ref.: Acct. No. C99294075C-VAC
Petitioner agrees to endorse this check over to the California Department of
Health Care Services.
The above amounts represent 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-00462-UNJ Document 48 Filed 09/08/23 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
__________________________________________
)
DANA IORIO as special administrator )
of ESTATE OF DEANN BABER, )
)
Petitioner, )
) No. 21-462V (ECF)
v. ) Chief Special Master Corcoran
)
SECRETARY OF HEALTH )
AND HUMAN SERVICES, )
)
Respondent. )
__________________________________________)
RESPONDENT’S PROFFER ON AWARD OF DAMAGES
On June 5, 2023, the Court issued a Ruling on Entitlement finding petitioner Dana Iorio,
as special administrator of the estate of Deann Baber, entitled to Vaccine Act compensation in
this matter alleging a Shoulder Injury Related to Vaccine Administration following an influenza
vaccination. Respondent, the Secretary of Health and Human Services, now proffers that
petitioner receive a compensation award consisting of:
a. a lump sum of $57,500.00 for pain and suffering, in the form of a check
payable to petitioner, Dana Iorio, as special administrator of the estate of
Deann Baber;1 and,
b. a lump sum of $1,956.062 to satisfy a State of California Medicaid lien, in
1 Petitioner is a competent adult. No guardianship is required.
2 This amount represents full satisfaction of any right of subrogation, assignment, claim, lien, or
cause of action the State of California may have against any individual as a result of any
Medicaid payments the California Department of Health Care Services has made to or on behalf
of Deann Baber as a result of her alleged vaccine-related injury suffered on or around September
17, 2020, under Title XIX of the Social Security Act, see 42 U.S.C. § 300aa-15(g), (h).

Case 1:21-vv-00462-UNJ Document 48 Filed 09/08/23 Page 4 of 5
the form of a check made payable jointly to petitioner and:
Department of Health Care Services
Recovery Branch - MS 4720
P.O. Box 997421
Sacramento, CA 95899-7421
Ref.: Acct. No. C99294075C-VAC
Petitioner agrees to endorse this check over to the California Department of Health Care
Services.
The above amounts represent compensation for all elements of compensation provided by 42
U.S.C. § 300aa-15(a) to which petitioner is entitled.3
Petitioner agrees with the proffered award of $57,500.00, plus $1,956.06 to satisfy the
Medicaid lien.4
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
3 Should petitioner die prior to entry of judgment, respondent would oppose any award for
future medical expenses, future lost earnings, and future pain and suffering, and the parties
reserve the right to move the Court for appropriate relief.
4 This proffer does not include any award for attorneys’ fees and costs that may be awarded
pursuant to 42 U.S.C. § 300aa-15(e).
2

Case 1:21-vv-00462-UNJ Document 48 Filed 09/08/23 Page 5 of 5
s/Voris E. Johnson, Jr.
VORIS E. JOHNSON, JR.
Senior Trial Attorney
Torts Branch, Civil Division
U. S. Department of Justice
P.O. Box 146, Benjamin Franklin Station
Washington, D.C. 20044-0146
Direct Dial: 202-616-3667
Email: Voris.Johnson@usdoj.gov
Date: August 8, 2023
3