VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-00942
Package ID: USCOURTS-cofc-1_21-vv-00942
Petitioner: Vienna Giglio
Filed: 2021-02-18
Decided: 2022-09-21
Vaccine: influenza
Vaccination date: 2020-10-12
Condition: left shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 58000

AI-assisted case summary:
Vienna Giglio filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she suffered a left shoulder injury related to vaccine administration (SIRVA) resulting from an influenza vaccine received on October 12, 2020. She stated the vaccine was received in the United States, she suffered residual effects for more than six months, and had not filed a civil action or received other compensation for her injury. The respondent conceded that Ms. Giglio was entitled to compensation, agreeing that she had no prior history of shoulder issues, that her pain and reduced range of motion were limited to the injection site, and that her symptoms began within 48 hours of vaccination. The respondent also confirmed the case was timely filed, the vaccine was received in the U.S., and she met the statutory severity requirement. Based on the respondent's concession and the evidence, the Chief Special Master found Ms. Giglio entitled to compensation. Subsequently, a decision awarding damages was issued. The respondent proffered an award of $58,000.52, which Ms. Giglio accepted. This amount, comprised of $57,500.00 for pain and suffering and $500.52 for out-of-pocket expenses, was awarded to Ms. Giglio.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_21-vv-00942-0
Date issued/filed: 2022-09-19
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 08/18/2022) regarding 33 Ruling on Entitlement ( Signed by Chief Special Master Brian H. Corcoran. )(mpj) Service on parties made.
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Case 1:21-vv-00942-UNJ Document 40 Filed 09/19/22 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 21-0942V
UNPUBLISHED
VIENNA GIGLIO, Chief Special Master Corcoran
Petitioner, Filed: August 18, 2022
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)
Jimmy A. Zgheib, Zgheib Sayad, P.C., White Plains, NY, for Petitioner.
Terrence Kevin Mangan, Jr., U.S. Department of Justice, Washington, DC, for
Respondent.
RULING ON ENTITLEMENT1
On February 18, 2021, Vienna Giglio 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 left shoulder injury related to vaccine
administration (“SIRVA”) resulting from an influenza vaccine received on October 12,
2020. Petition at 1. Petitioner further alleges the vaccine was received in the United
States, she suffered residual effects for more than six months, and neither Petitioner nor
any other party has ever filed an action or received or accepted compensation in the form
of an award or settlement for her vaccine-related injury. Petition at ¶¶ 4, 17-19; Ex. 10 at
3. The case was assigned to the Special Processing Unit of the Office of Special Masters.
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).

Case 1:21-vv-00942-UNJ Document 40 Filed 09/19/22 Page 2 of 2
On August 17, 2022, 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 “petitioner 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; she more likely than not
suffered the onset of pain within forty-eight hours of vaccine administration; her pain and
reduced range of motion were limited to the shoulder in which the intramuscular [vaccine
was] administered; and there is no other condition or abnormality present that would
explain petitioner’s symptoms.” Id. at 3. Respondent further agrees that “the records show
that the case was timely filed, that the [vaccine was] received in the United States, and
that petitioner satisfies the statutory severity requirement by suffering the residual effects
of complications of her injury for more than six months after vaccine administration.” Id.
Respondent adds that Petitioner has averred that she has not filed a civil action or
received compensation in the form of an award or civil settlement for her vaccine-related
injury. 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-00942-1
Date issued/filed: 2022-09-21
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 08/18/2022) 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-00942-UNJ Document 41 Filed 09/21/22 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 21-0942V
UNPUBLISHED
VIENNA GIGLIO, Chief Special Master Corcoran
Petitioner, Filed: August 18, 2022
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)
Jimmy A. Zgheib, Zgheib Sayad, P.C., White Plains, NY, for Petitioner.
Terrence Kevin Mangan, Jr., U.S. Department of Justice, Washington, DC, for
Respondent.
DECISION AWARDING DAMAGES1
On February 18, 2021, Vienna Giglio 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 left shoulder injury related to vaccine
administration (“SIRVA”) resulting from an influenza vaccine received on October 12,
2020. Petition at 1. Petitioner further alleges the vaccine was received in the United
States, she suffered residual effects for more than six months, and neither Petitioner nor
any other party has ever filed an action or received or accepted compensation in the form
of an award or settlement for her vaccine-related injury. Petition at ¶¶ 4, 17-19; Ex. 10 at
3. The case was assigned to the Special Processing Unit of the Office of Special Masters.
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-00942-UNJ Document 41 Filed 09/21/22 Page 2 of 2
On August 18, 2022, a ruling on entitlement was issued, finding Petitioner entitled
to compensation for SIRVA. On August 17, 2022, Respondent filed a proffer on award of
compensation (“Proffer”) indicating Petitioner should be awarded $58,000.52. Proffer at
4. 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 Proffer, I award Petitioner a lump sum
payment of $58,000.52 (comprised of $57,500.00 for pain and suffering and $500.52
for out of pocket expenses) 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