VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_22-vv-00552 Package ID: USCOURTS-cofc-1_22-vv-00552 Petitioner: Christine Stangarone Filed: 2022-05-20 Decided: 2023-10-25 Vaccine: influenza Vaccination date: 2020-10-15 Condition: shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 62101 AI-assisted case summary: Christine Stangarone filed a petition for compensation under the National Vaccine Injury Compensation Program alleging she suffered a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on October 15, 2020. The respondent conceded that Ms. Stangarone is entitled to compensation, agreeing that her injury satisfied the criteria set forth in the Vaccine Injury Table and the Qualifications and Aids to Interpretation. The respondent also confirmed that the case was timely filed, the vaccine was administered in the United States, and the injury resulted in residual effects for more than six months. Based on the respondent's concession and the evidence, entitlement to compensation was granted. Subsequently, a decision awarding damages was issued. The parties stipulated to an award of $62,101.25, which included $60,000.00 for pain and suffering and $2,101.25 for past unreimbursable expenses. This lump sum payment was made payable to Christine Stangarone, who is a competent adult. Theory of causation field: Table Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_22-vv-00552-0 Date issued/filed: 2023-10-24 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 09/11/2023) regarding 23 Ruling on Entitlement, Signed by Chief Special Master Brian H. Corcoran. (nh) Service on parties made. -------------------------------------------------------------------------------- Case 1:22-vv-00552-UNJ Document 34 Filed 10/24/23 Page 1 of 2 CORRECTED In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 22-0552V CHRISTINE STANGARONE, Chief Special Master Corcoran Petitioner, Filed: September 11, 2023 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Rhonda Lorenz-Pignato, Shannon Law Group, PC, Woodridge, IL, for Petitioner. Michael Joseph Lang, U.S. Department of Justice, Washington, DC, for Respondent. RULING ON ENTITLEMENT1 On May 20, 2022, Christine Stangarone 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 that was administered on October 15, 2020. Petition at 1-2. The case was assigned to the Special Processing Unit of the Office of Special Masters. On August 29, 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 has concluded that “[P]etitioner has satisfied the criteria set 1 Because this 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-00552-UNJ Document 34 Filed 10/24/23 Page 2 of 2 forth in the Vaccine Injury Table . . . and the Qualifications and Aids to Interpretation.” 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 suffered the residual effects or complications of her injury for more than six months. 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 ================================================================================ DOCUMENT 2: USCOURTS-cofc-1_22-vv-00552-1 Date issued/filed: 2023-10-25 Pages: 5 Docket text: PUBLIC DECISION (Originally filed: 09/11/2023) regarding 26 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (nh) Service on parties made. -------------------------------------------------------------------------------- Case 1:22-vv-00552-UNJ Document 35 Filed 10/25/23 Page 1 of 5 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 22-0552V CHRISTINE STANGARONE, Chief Special Master Corcoran Petitioner, Filed: September 11, 2023 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Rhonda Lorenz-Pignato, Shannon Law Group, PC, Woodridge, IL, for Petitioner. Michael Joseph Lang, U.S. Department of Justice, Washington, DC, for Respondent. DECISION AWARDING DAMAGES1 On May 20, 2020, Christine Stangarone 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 that was administered on October 15, 2020. Petition at 1-2. The case was assigned to the Special Processing Unit of the Office of Special Masters. On September 11, 2023, a ruling on entitlement was issued, finding Petitioner entitled to compensation for SIRVA. On September 11, 2023, Respondent filed a proffer on award of compensation (“Proffer”) indicating Petitioner should be awarded $62,101.25 (comprised of $60,000.00 in pain and suffering and $2,101.25 in past unreimbursable expenses). Proffer at 1-2. In the Proffer, Respondent represented that Petitioner agrees 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-00552-UNJ Document 35 Filed 10/25/23 Page 2 of 5 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 attached Proffer, I award Petitioner a lump sum payment of $62,101.25 (comprised of $60,000.00 in pain and suffering and $2,101.25 in past unreimbursable 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 Case 1:22-vv-00552-UNJ Document 35 Filed 10/25/23 Page 3 of 5 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS ) CHRISTINE STANGARONE, ) ) Petitioner, ) ) No. 22-552V v. ) Chief Special Master Corcoran ) ECF SECRETARY OF HEALTH AND HUMAN ) SERVICES, ) ) Respondent. ) ) RESPONDENT’S PROFFER ON AWARD OF COMPENSATION On May 20, 2022, Christine Stangarone (“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 Shoulder Injury Related to Vaccine Administration (“SIRVA”), as defined in the Vaccine Injury Table, following administration of an influenza vaccine she received on October 15, 2020. Petition at 1-2. On August 29, 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. ECF No. 22. I. Items of Compensation A. Pain and Suffering Respondent proffers that petitioner should be awarded $60,000.00 in pain and suffering. See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees to accept this amount. Case 1:22-vv-00552-UNJ Document 35 Filed 10/25/23 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 $2,101.25. See 42 U.S.C. § 300aa- 15(a)(1)(B). Petitioner agrees. 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 a lump sum payment as described below and requests that the Chief Special Master’s decision and the Court’s judgment award the following1: a lump sum payment of $62,101.25, in the form of a check payable to petitioner. III. Summary of Recommended Payments Following Judgment Lump sum payable to petitioner, Christine Stangarone: $62,101.25 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 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 lost earnings and future pain and suffering. 2 Case 1:22-vv-00552-UNJ Document 35 Filed 10/25/23 Page 5 of 5 COLLEEN C. HARTLEY Assistant Director Torts Branch, Civil Division s/ Michael J. Lang MICHAEL J. LANG Trial Attorney Torts Branch, Civil Division U.S. Department of Justice P.O. Box 146 Benjamin Franklin Station Washington, D.C. 20044-0146 Tel: (202) 880-0239 Email: Michael.Lang3@usdoj.gov Dated: September 11, 2023 3