VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-00554
Package ID: USCOURTS-cofc-1_21-vv-00554
Petitioner: Laura Bianco
Filed: 2021-01-11
Decided: 2025-02-27
Vaccine: influenza
Vaccination date: 2020-09-14
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 55411

AI-assisted case summary:
Laura Bianco filed a petition for compensation under the National Vaccine Injury Compensation Program on January 11, 2021, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) from an influenza vaccine received on September 14, 2020. The case was assigned to the Special Processing Unit. As the parties could not reach a settlement, they were ordered to brief whether Petitioner had established a Table case and to present arguments on damages. The matter proceeded to an expedited hearing on January 24, 2025. Petitioner argued she had established a Table SIRVA and sought $62,500.00 for pain and suffering and $411.93 for unreimbursed expenses. Respondent disputed that Petitioner had established a Table SIRVA, specifically arguing that the onset of her shoulder pain did not occur within the required 48-hour window following vaccination. Respondent recommended an award of $25,000.00 for pain and suffering and $336.05 for unreimbursed expenses if entitlement was found. Chief Special Master Brian H. Corcoran issued an oral ruling on entitlement and damages, which was later adopted and incorporated into a written decision. The Special Master found that Petitioner had established the onset of pain within 48 hours of vaccination and met all other SIRVA Table requirements, as well as other elements of a claim under Section 11(c) of the Vaccine Act, including residual effects lasting six months. Consequently, the Special Master found Petitioner entitled to compensation. An award of $55,000.00 was made for pain and suffering and $411.93 for unreimbursed expenses, totaling $55,411.93. This lump sum payment was to be made via ACH deposit to Petitioner's counsel's IOLTA account. The decision noted that since the award was for actual pain and suffering, no reduction to net present value was required. The Clerk of Court was directed to enter judgment.

Theory of causation field:
Laura Bianco filed a petition alleging a shoulder injury related to vaccine administration (SIRVA) following an influenza vaccine on September 14, 2020. The case proceeded as a Table claim. Respondent disputed timely onset of pain within 48 hours. Chief Special Master Brian H. Corcoran found Petitioner established timely onset of pain within 48 hours of vaccination and met all other SIRVA Table requirements, as well as other elements of a claim under Section 11(c). Petitioner was awarded $55,000.00 for pain and suffering and $411.93 for unreimbursed expenses, totaling $55,411.93. The decision was issued on February 27, 2025. Petitioner's counsel was Ronald Craig Homer. Respondent's counsel was Bridget Corridon. The public decision does not describe the specific mechanism of injury, expert testimony, or detailed medical history beyond the alleged condition and its onset.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_21-vv-00554-0
Date issued/filed: 2025-02-27
Pages: 3
Docket text: ian H. Corcoran. )(mpj) Service on parties made.PUBLIC ORDER/RULING AND AWARDING DAMAGES (Originally filed: 01/24/2025) regarding 61 Ruling on Entitlement, DECISION of Special Master, Order on Motion for Ruling on the Record ( Signed by Chief Special Master Br
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Case 1:21-vv-00554-UNJ Document 68 Filed 02/27/25 Page 1 of 3
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 21-0554V
LAURA BIANCO, Chief Special Master Corcoran
Petitioner, Filed: January 24, 2025
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Ronald Craig Homer, Conway, Homer, P.C., Boston, MA, for Petitioner.
Bridget Corridon, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT AND DECISION AWARDING DAMAGES1
On January 11, 2021, Laura Bianco 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 to her on
September 14, 2020. Petition at 1. The case was assigned to the Special Processing Unit
of the Office of Special Masters. Because the parties could not settle the matter, they
were ordered to file briefs addressing whether Petitioner has established a Table case,
1 Because this Ruling and 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-00554-UNJ Document 68 Filed 02/27/25 Page 2 of 3
and setting forth their respective arguments on damages should I find entitlement in favor
of Petitioner. The parties were subsequently notified that I would resolve this dispute via
an expedited “Motions Day” hearing, which ultimately took place on January 24, 2025
Petitioner argues she has established a Table SIRVA, and seeks an award of
$62,500.00 in compensation for Petitioner’s actual pain and suffering and $411.93 for
unreimbursed expenses. Respondent disputes that Petitioner has established a Table
SIRVA injury. Specifically, Respondent argues Petitioner failed to provide preponderant
evidence that the onset of her shoulder pain occurred within 48 hours after her flu
vaccination. If I find that Petitioner has established a Table case, Respondent
recommends an award of $25,000.00 for Petitioner’s pain and suffering and $336.05 for
her unreimbursed expenses.
After considering the arguments of both sides, I issued an oral ruling on entitlement
and damages constituting my findings of fact and conclusions of law, pursuant to Section
12(d)(3)(A). An official recording of the proceeding was taken by a court reporter, although
a transcript has not yet been filed in this matter. I hereby fully adopt and incorporate that
oral ruling as officially recorded. In another recent decision I discussed at length the legal
standards to be considered in determining entitlement and damages and prior SIRVA
compensation within SPU. I incorporate herein my prior discussion in Sections III (A) and
IV (A) and (B) of Tully v. Sec'y of Health & Hum. Servs., No. 21-1998V, 2024 WL 4533515,
at *6-8; 10-13 (Fed. Cl. Spec. Mstr. Sept. 20, 2024) to the instant Ruling and Decision.
Additionally, the official recording of my oral ruling includes my discussion of various
comparable cases as well as specific facts relating to Petitioner’s medical history and
experience that further informed my resolution of this matter.
Based on my consideration of the complete record as a whole, and for the reasons
discussed in my oral ruling, pursuant to Section 12(d)(3)(A) of the Vaccine Act I find that
Petitioner has established that she suffered the onset of pain within 48 hours of
vaccination, and that all other SIRVA Table requirements were met (see 42 C.F.R. §§
100.3(a)(XIV)(B) and 100.3(c)(10)). Additionally, Petitioner has established other
elements of a claim under Section 11(c), i.e., receipt of a covered vaccine, residual effects
of injury lasting six months, etc. See generally § 11(c)(1)(A)(B)(D)(E).
I therefore find that Petitioner is entitled to compensation in this case, and that
$55,000.00 represents a fair and appropriate amount of compensation for Petitioner’s
actual pain and suffering.3 I also find that Petitioner is entitled to $411.93 in actual
unreimbursable expenses.
3 Since this amount is being awarded for actual, rather than projected, pain and suffering, no reduction to
net present value is required. See Section 15(f)(4)(A); Childers v. Sec’y of Health & Hum. Servs., No. 96-
2

Case 1:21-vv-00554-UNJ Document 68 Filed 02/27/25 Page 3 of 3
Accordingly, I award Petitioner a lump sum payment of $55,411.93 (comprised
of $55,000.00 in pain and suffering and $411.93 in actual unreimbursable expenses)
to be paid through an ACH deposit to Petitioner’s counsel’s IOLTA account for prompt
disbursement. 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
0194V, 1999 WL 159844, at *1 (Fed. Cl. Spec. Mstr. Mar. 5, 1999) (citing Youngblood v. Sec’y of Health &
Hum. Servs., 32 F.3d 552 (Fed. Cir. 1994)).
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.
3