VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_22-vv-00032
Package ID: USCOURTS-cofc-1_22-vv-00032
Petitioner: China Cicarelli
Filed: 2022-01-10
Decided: 2023-11-17
Vaccine: influenza
Vaccination date: 2021-03-02
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 95827

AI-assisted case summary:
China Cicarelli filed a petition for compensation under the National Vaccine Injury Compensation Program alleging she suffered a shoulder injury related to vaccine administration (SIRVA) following receipt of an influenza vaccine on March 2, 2021. The respondent conceded that Petitioner is entitled to compensation, agreeing that her injury satisfied the criteria set forth in the Vaccine Injury Table for SIRVA. A ruling on entitlement was issued on July 3, 2023, finding Petitioner entitled to compensation. Subsequently, on October 17, 2023, the parties filed a proffer on award of compensation, which Petitioner agreed with. The decision on damages awarded China Cicarelli a total of $95,827.96. This amount includes $95,000.00 for pain and suffering, $250.00 for past unreimbursable expenses, and $577.96 to satisfy an Optum Medicaid lien. The award was made in the form of lump sum payments.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_22-vv-00032-0
Date issued/filed: 2023-08-04
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 07/03/2023) regarding 25 Ruling on Entitlement. Signed by Chief Special Master Brian H. Corcoran. (kp) Service on parties made.
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Case 1:22-vv-00032-UNJ Document 27 Filed 08/04/23 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 22-0032V
CHINA CICARELLI, Chief Special Master Corcoran
Petitioner,
v. Filed: July 3, 2023
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Jessica Ann Wallace, Siri & Glimstad LLP, Aventura, FL, for Petitioner.
Zoe Wade, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On January 10, 2022, China Cicarelli 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”) following receipt of an influenza (“flu”) vaccine on March 2, 2021.
Petition at 1. The case was assigned to the Special Processing Unit of the Office of
Special Masters.
On June 30, 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 Petitioner has satisfied the criteria set forth in the
Table for SIRVA. Id. at 5 (citing 42 C.F.R. §§ 100.3(a), 100.3(c)(10)). Respondent further
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 1:22-vv-00032-UNJ Document 27 Filed 08/04/23 Page 2 of 2
agrees that Petitioner has satisfied all legal requisites for compensation under the
Vaccine Act. 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_22-vv-00032-1
Date issued/filed: 2023-11-17
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 10/17/2023) regarding 35 DECISION Stipulation/Proffer. Signed by Chief Special Master Brian H. Corcoran. (tlf) Service on parties made.
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Case 1:22-vv-00032-UNJ Document 43 Filed 11/17/23 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 22-0032V
CHINA CICARELLI, Chief Special Master Corcoran
Petitioner,
v. Filed: October 17, 2023
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Jessica Ann Wallace, Siri & Glimstad LLP, Aventura, FL, for Petitioner.
Zoe Wade, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION ON DAMAGES1
On January 10, 2022, China Cicarelli 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”) following receipt of an influenza (“flu”) vaccine on March 2, 2021.
Petition at 1. The case was assigned to the Special Processing Unit of the Office of
Special Masters.
On July 3, 2023, a ruling on entitlement was issued, finding Petitioner entitled to
compensation for SIRVA. On October 17, 2023, Respondent filed a proffer on award of
compensation (“Proffer”). Respondent represented that Petitioner agrees with the
proffered award. Id. at 1 – 2. Based on the record as a whole, I find that Petitioner is
entitled to an award as stated in the Proffer.
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 1:22-vv-00032-UNJ Document 43 Filed 11/17/23 Page 2 of 5
Pursuant to the terms stated in the attached Proffer, I award the following:
A. A lump sum payment of $95,250.00 (representing $95,000.00 for pain and
suffering, and $250.00 for past unreimbursable expenses) in the form of
a check payable to Petitioner.
B. A lump sum payment of $577.96, representing compensation for
satisfaction of an Optum Medicaid lien, in the form of a check payable
jointly to Petitioner and:
Optum
P.O. Box 182643
Columbus, OH 43218
Event ID: 113759413
Tax ID: 41-1858498
Petitioner agrees to endorse this check to Optum.
These 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 1:22-vv-00032-UNJ Document 43 Filed 11/17/23 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
CHINA CICARELLI,
Petitioner,
No. 22-32V
v.
Chief Special Master Corcoran
ECF
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On January 10, 2022, China Cicarelli (“petitioner”) filed a petition for compensation
under the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-1 to -34
(“Vaccine Act” or “Act”), alleging that she suffered a Table shoulder injury related to vaccine
administration (“SIRVA”), as the result of an influenza (“flu”) vaccination she received on
March 2, 2021. Petition at 1. On June 30, 2023, the Secretary of Health and Human Services
(“respondent”) filed a Rule 4(c) Report indicating that this case is appropriate for compensation
under the terms of the Act for a SIRVA Table injury, and on July 3, 2023, the Chief Special
Master issued a Ruling on Entitlement finding petitioner entitled to compensation. ECF No. 24;
ECF No. 25.
I. Items of Compensation
A. Pain and Suffering
Respondent proffers that petitioner should be awarded $90,000.00 in pain and suffering.
See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees.
1

Case 1:22-vv-00032-UNJ Document 43 Filed 11/17/23 Page 4 of 5
B. Past Unreimbursable Expenses
Evidence supplied by petitioner documents that she incurred past unreimbursable
expenses related to her vaccine-related injury. Respondent proffers that petitioner should be
awarded past unreimbursable expenses in the amount of $250.00. See 42 U.S.C. § 300aa-
15(a)(1)(B). Petitioner agrees.
C. Optum Medicaid Lien
Respondent proffers that China Cicarelli should be awarded funds to satisfy an Optum
Medicaid Lien in the amount of $577.96, which represents full satisfaction of any right of
subrogation, assignment, claim, lien, or cause of action may have against any individual as a
result of any Medicaid payments that Optum has made to or on behalf of China Cicarelli from
the date of her eligibility for benefits through the date of judgment in this case as a result of her
vaccine-related injury suffered on or about March 2, 2021, under Title XIX of the Social
Security Act.
These amounts represent all elements of compensation to which petitioner is entitled
under 42 U.S.C. § 300aa-15(a). Petitioner agrees.
II. Form of the Award
Petitioner is a competent adult. Evidence of guardianship is not required in this case.
Respondent recommends that the compensation provided to petitioner should be made through
lump sum payments as described below and requests that the Chief Special Master’s decision
and the Court’s judgment award the following1:
A. A lump sum payment of $95,250.00, in the form of a check payable to petitioner.
1 Should petitioner die prior to entry of judgment, the parties reserve the right to move the Court
for appropriate relief. In particular, respondent would oppose any award for future,
unreimbursed expenses, future lost earnings and future pain and suffering.
2

Case 1:22-vv-00032-UNJ Document 43 Filed 11/17/23 Page 5 of 5
B. A lump payment of $577.96, representing compensation for satisfaction of an Optum
Medicaid lien, payable jointly to petitioner and
Optum
P.O. Box 182643
Columbus OH, 43218
Event ID: 113759413
Tax ID: 41-1858498
Petitioner agrees to endorse this check to Optum.
III. Summary of Recommended Payments Following Judgment
A. Lump sum payable to petitioner, China Cicarelli. $95,250.00
B. Medicaid lien $577.96
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
CHRISTINE M. BECER
Trial Attorney
Torts Branch, Civil Division
/s/ Zoë R. Wade
ZOË R. WADE
Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146, Ben Franklin Station
Washington, DC 20044-0146
Tel.: (202) 598-7696
Date: October 17, 2023 zoe.wade@usdoj.gov
3