VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-00659
Package ID: USCOURTS-cofc-1_21-vv-00659
Petitioner: Michelle Tronolone
Filed: 2021-01-12
Decided: 2024-07-16
Vaccine: pneumococcal conjugate
Vaccination date: 2019-11-25
Condition: left shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 60000

AI-assisted case summary:
Michelle Tronolone filed a petition for vaccine compensation on January 12, 2021, alleging she suffered a left shoulder injury related to vaccine administration (SIRVA) after receiving a pneumococcal conjugate vaccine (Prevnar-13) on November 25, 2019. She stated the vaccine was administered in the United States and that she experienced residual effects for more than six months. Respondent denied that Petitioner sustained a SIRVA Table injury or that the vaccine caused her alleged injury. Despite these denials, the parties filed a joint stipulation on June 10, 2024, agreeing that a decision should be entered awarding compensation. The Chief Special Master adopted the stipulation as the decision, awarding Michelle Tronolone a lump sum of $60,000.00. This amount represents compensation for all items of damages available under Section 15(a) of the Vaccine Act. The stipulation also noted that the parties would submit to further proceedings for attorneys' fees and costs.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_21-vv-00659-0
Date issued/filed: 2024-07-16
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 06/10/2024) regarding 39 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (nh) Service on parties made.
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Case 1:21-vv-00659-UNJ Document 43 Filed 07/16/24 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 21-0659V
MICHELLE TRONOLONE, Chief Special Master Corcoran
Petitioner, Filed: June 10, 2024
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Bridget Candace McCullough, Muller Brazil, LLP, Dresher, PA, for Petitioner.
Nina Ren, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION ON JOINT STIPULATION1
On January 12, 2021, Michelle Tronolone filed a petition for compensation under
the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.2 (the
“Vaccine Act”). She filed an amended petition on June 14, 2022. ECF No. 19. Petitioner
alleges that she suffered a left shoulder injury related to vaccine administration (“SIRVA”),
a defined Table injury, and in the alternative caused-in-fact injuries, after receiving
pneumococcal conjugate vaccine on November 25, 2019. Amended Petition at 1, ¶¶ 1,
22; Stipulation, filed June 10, 2024, ¶¶ 1-2, 4. Petitioner further alleges that she received
the vaccine within the United States, that she suffered the residual effects of the SIRVA
for more than six months, and that neither she nor any other party has filed a civil action
or received compensation for the SIRVA, alleged as vaccine caused. Amended Petition
at 1, ¶¶ 1, 22-24; Stipulation at ¶¶ 3-5. “Respondent denies that [P]etitioner sustained a
SIRVA Table injury; denies that the Prevnar-13 vaccine caused [P]etitioner’s alleged
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-00659-UNJ Document 43 Filed 07/16/24 Page 2 of 7
SIRVA, or any other injury; and denies that her current condition is a sequela of vaccine-
related injury.” Stipulation at ¶ 6.
Nevertheless, on June 10, 2024, the parties filed the attached joint stipulation,
stating that a decision should be entered awarding compensation. I find the stipulation
reasonable and adopt it as my decision awarding damages, on the terms set forth therein.
Pursuant to the terms stated in the attached Stipulation, I award the following
compensation:
A lump sum of $60,000.00 in the form of a check payable to Petitioner.
Stipulation at ¶ 8. This amount represents compensation for all items of damages
that would be available under Section 15(a). Id.
I approve the requested amount for Petitioner’s compensation. In the absence of
a motion for review filed pursuant to RCFC Appendix B, 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-00659-UNJ Document 43 Filed 07/16/24 Page 3 of 7
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
)
MICHELLE TRONOWNE, )
)
Petitioner, )
) No. 21-659
v. ) Chief Special Master Corcoran
) ECF
·SECRETARY OF HEALTH AND )
HUMAN SERVICES, )
)
Respondent. )
STIPULATION
The parties hereby stipulate to the following matters:
1. Michelle Tronolone (''petitioner''), filed a petition for vaccine compensation under the
National Vaccine Injury Compensation Program, 42 U.S.C. § 300aa-10 to 34 (the ''Vaccine
Program''). The petition seeks compensation for injuries allegedly related to petitioner's receipt
of a pneumococcal conjugate (''Prevnar-13") vaccine, which vaccine is contained in the Vaccine
Injury Table (the ''Table,.), 42 C.F.R. § 100.3(a)
2. Petitioner received a Prevnar-13 vaccine on November 25, 2019.
3. The vaccine was administered within the United States.
4. Petitioner alleges that she sustained a shoulder injury related to vaccine administration
(. . SIRVA") following receipt of the Prevnar-13 vaccine within the time period set forth in the
Table. She further alleges that she experienced the residual effects of this condition for more
than six months.
5. Petitioner represents that there has been no prior award or settlement of a civil action
for damages on her behalf as a result of her alleged injury.

Case 1:21-vv-00659-UNJ Document 43 Filed 07/16/24 Page 4 of 7
6. Respondent denies that petitioner sustained a SIRVA Table injury; denies that the
Prevnar-13 vaccine caused petitioner's alleged SIRVA, or any other injury; and denies that her
current condition is a sequela of a vaccine-related injury.
7. Maintaining their above-stated positions, the parties nevertheless now agree that the
issues between them shall be settled, and that a decision should be entered awarding the
compensation described in paragraph 8 oft his Stipulation.
8. As soon as practicable after an entry ofj udgment reflecting a decision consistent with
the terms of this Stipulation, and after petitioner has filed an election to receive compensation
pursuant to 42 U.S.C. § 300aa-21(a)(l), the Secretary of Health and Human Services will issue
the following vaccine compensation payment:
A lump sum of$60,000.00 in the form ofa check payable to petitioner. This amount
represents compensation for all damages that would be available under 42 U.S.C. §
300aa-15(a).
9. As soon as practicable after the entry ofj udgment on entitlement in this case, and after
petitioner has filed both a proper and timely election to receive compensation pursuant to 42
U.S.C. § 300aa-21(a)(l), and an application, the parties will submit to further proceedings before
the special master to award reasonable attorneys' fees and costs incurred in proceeding upon this
petition.
10. Petitioner and her attorney represent that compensation to be provided pursuant to
this Stipulation is not for any items or services for which the Program is not primarily liable
under 42 U.S.C. § 300aa-15(g), to the extent that payment bas been made or can reasonably be
expected to be made under any State compensation programs, insurance policies, Federal or
State health benefits programs (other than Title XIX of the Social Security Act (42 U.S.C.
§ 1396 et seq.)), or by entities that provide health services on a pre-paid basis.
2

Case 1:21-vv-00659-UNJ Document 43 Filed 07/16/24 Page 5 of 7
11. Payment made pursuant to paragraph 8 and any amounts awarded pursuant to
paragraph 9 oft his Stipulation will be made in accordance with 42 U.S.C. § 300aa-15(i), subject
to the availability ofs ufficient statutory funds.
12. The parties and their attorneys further agree and stipulate that, except for any award
for attorney's fees and litigation costs, and past unreimbursable expenses, the money provided
pursuant to this Stipulation will be used solely for the benefit ofp etitioner as contemplated by a
strict construction of 42 U.S.C. § 300aa-15(a) and (d), and subject to the conditions of4 2 U.S.C.
§ 300aa-15(g) and (h).
13. In return for the payments described in paragraphs 8 and 9, petitioner, in her
individual capacity, and on behalfo fh er heirs, executors, administrators, successors or assigns,
does forever irrevocably and unconditionally release, acquit and discharge the United States and
the Secretary of Health and Human Services from any and all actions or causes ofa ction
(including agreements, judgments, claims, damages, loss of services, expenses and all demands
of whatever kind or nature) that have been brought, could have been brought, or could be timely
brought in the Court of Federal Claims, under the National Vaccine Injury Compensation
Program, 42 U.S.C. § 300aa-10 et seq., on account of, or in any way growing out of, any and all
known or unknown, suspected or unsuspected personal injuries to or death ofp etitioner resulting
from, or alleged to have resulted from, the Prevnar-13 vaccination administered on November
25, 2019, as alleged in a petition for vaccine compensation filed on or about January 12, 2021,
and in an amended petition filed on June 14, 2022, in the United States Court ofF ederal Claims
as petition No. 21-659V.
14. Ifp etitioner should die prior to entry ofj udgment, this agreement shall be voidable
upon proper notice to the Court on behalf of either or both oft he parties.
3

Case 1:21-vv-00659-UNJ Document 43 Filed 07/16/24 Page 6 of 7
15. Ift he special master fails to issue a decision in complete conformity with the tenns
of this Stipulation or if the Court ofF ederal Claims fails to enter judgment in conformity with a
decision that is in complete conformity with the terms oft his Stipulation. then the parties•
settlement and this Stipulation shall be voidable at the sole discretion ofe ither party.
16. This Stipulation expresses a full and complete negotiated settlement of liability and
damages claimed under the National Childhood Vaccine Injury Act of 1986, as amended, except
as otherwise noted in paragraph 9 above. There is absolutely no agreement on the part of the
parties hereto to make any payment or to do any act or thing other than is herein expressly stated
and clearly agreed to. The parties further agree and understand that the award described in this
Stipulation may reflect a compromise of the parties' respective positions as to liability and/or
amount of damages, and further, that a change in the nature oft he injury or condition or in the
items of compensation sought, is not grounds to modify or revise this agreement.
17. This Stipulation shall not be construed as an admission by the United States or the
Secretary ofH ealth and Human Services that the Prevnar-13 vaccine caused petitioner's alleged
injury or any other injury or her current disabilities, or that petitioner suffered an injury
contained in the Vaccine Injury Table.
18. All rights and obligations ofp etitioner hereunder shall apply equally to petitioner's
heirs, executors, administrators, successors, and/or assigns.
END OF STIPULATION
4

Case 1:21-vv-00659-UNJ Document 43 Filed 07/16/24 Page 7 of 7
Respectfully submitted.
PETITIONER:
~~
MICHELLBTRONOWNE
ATTORNEY OF RECORD FOR AUTHORIZED REPRESENTATIVE
p •· 0 OF THE ATTORNEY GENERAL:
-4AL~':t&.e~
BEA TIIER L. PEARLMAN
Deputy Director
208 Torts Branch
Dresher, PA 19025 Civil Division
(215) 885-1655 U.S. Dq>artment ofJ ustice
bridget@mullerbrazil.com P.O.Box 146
Benjamin Franklin Station
Washington, DC 20044-0146
AUTHORIZED REPRESENTATIVE ATTORNEY OF RECORD FOR
OFTBESECRETARYOFHEALm RESPONDENT:
AND HUMAN SERVICES: JjJ
Jeffreys.
~=1nedbyJeffrey
-S
Beach oaie: 2024.os.2811 :2S:u
for
-()4'00'
CDR GEORGE REED GRIMES, MD, MPH
Director, Division of Injury Trial Attorney
Compensation Programs Torts Branch
Health Systems Bureau Civil Division
Health Resources and Services U. S. Department of Justice
Administration P.O. Box 146
U.S. Depanment of Health Benjamin Franklin
and Hwnan Services Washington, DC 20044-0146
5600 Fishers Lane, 08W-2SA (202) 305-3781
Rockville, MD 20857 Nina.Ren@usdoj.gov
Dated: - ~-/--,--0-... ./.. ....;..>._ J4 _
5