VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-00765
Package ID: USCOURTS-cofc-1_21-vv-00765
Petitioner: Frances Traietta
Filed: 2021-01-19
Decided: 2023-05-02
Vaccine: influenza
Vaccination date: 2019-10-11
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 50000

AI-assisted case summary:
Frances Traietta filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she received an influenza vaccine on October 11, 2019, and subsequently suffered from a shoulder injury related to vaccine administration (SIRVA). She further alleged that the residual effects of her injury persisted for more than six months. The case was assigned to the Special Processing Unit. The respondent, the Secretary of Health and Human Services, filed a report conceding that Ms. Traietta was entitled to compensation. The respondent stated that she satisfied the criteria for SIRVA as listed in the Vaccine Injury Table and its accompanying interpretations. He also agreed that the case was timely filed, the vaccine was administered in the United States, and the statutory severity requirement was met due to the prolonged effects of the injury. Based on the respondent's concession and the evidence, the Chief Special Master found Ms. Traietta entitled to compensation. Subsequently, a decision awarding damages was issued. The respondent had proffered an award of $50,000.00, which Ms. Traietta accepted. The court awarded her a lump sum payment of $50,000.00 as compensation for all available damages.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_21-vv-00765-0
Date issued/filed: 2023-06-12
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 05/02/2023) regarding 33 Ruling on Entitlement ( Signed by Chief Special Master Brian H. Corcoran. )(mpj) Service on parties made.
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corrected
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 21-0765V
UNPUBLISHED
FRANCES TRAIETTA, Chief Special Master Corcoran
Petitioner, Filed: May 2, 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)
Michael Pottetti, Law Office, Port Jefferson, NY, for Petitioner.
Katherine Carr Esposito, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On January 19, 2021, Frances Traietta 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 received an influenza (“flu”) vaccination in her
left deltoid on October 11, 2019, and thereafter suffered from a shoulder injury related to
vaccine administration (“SIRVA”). Petition at 1. Petitioner further alleges that she suffered
the residual effects of her injury for more than six months after vaccination. Petition at 2.
The case was assigned to the Special Processing Unit of the Office of Special Masters.
On April 27, 2023, Respondent filed a combined Rule 4(c) Report and Proffer
(“Rule 4/Proffer”) in which he concedes that Petitioner is entitled to compensation in this
case. Rule 4/Proffer at 1. Specifically, Respondent stated that “petitioner has satisfied
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).

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the criteria set forth in the Vaccine Injury Table (‘Table’) and the Qualifications and Aids
to Interpretation (‘QAI’) for SIRVA.” Id. at 4. Respondent further agrees that “petitioner
timely filed her case, that she received the flu vaccine in the United States, and that she
satisfies the statutory severity requirement by suffering the residual effects or
complications of her injury for more than six months after vaccine administration.” Id.
Thus, Respondent concedes that entitlement to compensation is appropriate under the
terms of 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

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DOCUMENT 2: USCOURTS-cofc-1_21-vv-00765-1
Date issued/filed: 2023-06-14
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 05/02/2023) regarding 34 DECISION Stipulation/Proffer, ( Signed by Chief Special Master Brian H. Corcoran. )(mpj) Service on parties made.
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Case 1:21-vv-00765-UNJ Document 42 Filed 06/14/23 Page 1 of 2
CORRECTED
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 21-0765V
UNPUBLISHED
FRANCES TRAIETTA, Chief Special Master Corcoran
Petitioner, Filed: May 2, 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)
Michael Pottetti, Law Office, Port Jefferson, NY, for Petitioner.
Katherine Carr Esposito, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On January 19, 2021, Frances Traietta 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 received an influenza (“flu”) vaccination in her
left deltoid on October 11, 2019, and thereafter suffered from a shoulder injury related to
vaccine administration (“SIRVA”). Petition at 1. The case was assigned to the Special
Processing Unit of the Office of Special Masters.
On May 2, 2023, a ruling on entitlement was issued, finding Petitioner entitled to
compensation for SIRVA. On April 27, 2023, Respondent filed a combined Rule 4 and
Proffer on award of compensation (“Rule 4/Proffer”) indicating Petitioner should be
awarded $50,000.00. Rule 4/Proffer at 5. In the Rule 4/Proffer, Respondent represented
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-00765-UNJ Document 42 Filed 06/14/23 Page 2 of 2
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 Rule 4/Proffer.
Pursuant to the terms stated in the Rule 4/Proffer, I award Petitioner a lump sum
payment of $50,000.00, 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