VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_22-vv-01361 Package ID: USCOURTS-cofc-1_22-vv-01361 Petitioner: Regina A. Disantis Filed: 2022-09-23 Decided: 2024-07-30 Vaccine: influenza Vaccination date: 2019-10-03 Condition: right shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 45000 AI-assisted case summary: Regina A. Disantis filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging she suffered a right shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on October 3, 2019. She claimed the injury was a Table injury and also caused-in-fact by the vaccine, and that she suffered residual effects for more than six months. Respondent denied that Petitioner sustained a SIRVA Table injury or that the vaccine caused her injury. Despite these differing positions, the parties reached a joint stipulation for settlement. The Chief Special Master adopted the stipulation as the decision awarding damages. Ms. Disantis was awarded a lump sum of $45,000.00 as compensation for all items of damages available under the Vaccine Act. The decision was filed on July 30, 2024, following the petition filed on September 23, 2022. Theory of causation field: Table Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_22-vv-01361-0 Date issued/filed: 2024-07-30 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 06/26/2024) regarding 27 DECISION Stipulation/Proffer ( Signed by Chief Special Master Brian H. Corcoran. )(mpj) Service on parties made. -------------------------------------------------------------------------------- Case 1:22-vv-01361-UNJ Document 30 Filed 07/30/24 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 22-1361V REGINA A. DISANTIS, Chief Special Master Corcoran Petitioner, Filed: June 26, 2024 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Caitlyn Shea Malcynsky, Walsh Woodward, LLC, West Hartford, CT, for Petitioner. Alec Saxe, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON JOINT STIPULATION1 On September 23, 2022, Regina A. Disantis 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 right shoulder injury related to vaccine administration (“SIRVA”), a defined Table injury and also caused-in-fact injury, after receiving the influenza (“flu”) vaccine on October 3, 2019. Petition at 1, ¶¶ 2, 11; Stipulation, filed May 30, 2024, ¶¶ 1-2, 4. Petitioner further alleges that she received the vaccines within the United States, that she suffered the residual effects of his SIRVA for more than six months, and that neither she nor any other party has filed a civil action or received compensation for her SIRVA. Petition at ¶¶ 2, 12-14; Stipulation at ¶¶ 3-5. “Respondent denies that [P]etitioner sustained a SIRVA Table injury, denies that [P]etitioner’s alleged shoulder injury was caused-in-fact by the flu vaccine, and denies that the flu vaccine caused [P]etitioner any other injury or her current condition.” Stipulation at ¶ 6. 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-01361-UNJ Document 30 Filed 07/30/24 Page 2 of 7 Nevertheless, on June 25, 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 $45,000.00 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 1:22-vv-01361-UNJ Document 30 Filed 07/30/24 Page 3 of 7 IN THE UNITED ST ATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS REGINA A. DISANTIS. Petitioner. No. 22-1361V Chief Special Master Corcoran V. ECF SECRETARY OF HEALT H AND HUMAN SERVICES. Respondent. STIPULATION The parties hereby stipulate to the following matters: I. Regina A. Disantis ("'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 an injury allegedly related to petitioner's receipt of an influenza (. . flu'') vaccine. which vaccine is contained in the Vaccine Injury Table (the --Table"), 42 C.F.R. § I 00.3(a) 2. Petitioner received a flu vaccine on October 3, 2019. 3. The vaccine was administered within the United States. 4. Petitioner alleges that she sustained a shoulder injury related to vaccine administration c--stRVA") within the time period set forth in the Table. Petitioner fu1ther alleges that she suffered the residual effects of the alleged injury for more than six months. 5. Petitioner represents that there has been no prior award or settlement of a civil action for damages on petitioner's behalf as a result of the alleged injury. Case 1:22-vv-01361-UNJ Document 30 Filed 07/30/24 Page 4 of 7 6. Respondent denies that petitioner sustained a SIRVA Table injury, denies that petitioner's alleged shoulder injury was caused-in-fact by the flu vaccine, and denies that the flu vaccine caused petitioner any other injury or her current condition. 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 of this Stipulation. 8. As soon as practicable after an entry ofjudgment 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 follmving vaccine compensation payment: A lump sum of $45,000.00 in the form of a check payable to petitioner. This amount represents compensation for all damages that would be available under 42 U.S.C. § 300aa-l 5(a). 9. As soon as practicable after the entry of judgment 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-2 l (a)( I). 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. I 0. Petitioner and petitioner's attorney represent that compensation to be provided pursuant to this Stipulation is not for any items or services for which the Program is not prirnari ly Ii able under 42 U. S.C. § 300aa-15(g), to the extent that payment has 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 1:22-vv-01361-UNJ Document 30 Filed 07/30/24 Page 5 of 7 I I. Payment made pursuant to paragraph 8 and any amounts awarded pursuant to paragraph 9 of this Stipulation will be made in accordance with 42 U.S.C. § 300aa-15(i), subject to the avail abi Ii ty of sufficient 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 unreimbursed expenses, the money provided pursuant to this Stipulation will be used solely for the benefit of petitioner as contemplated by a strict construction of 42 U.S.C. § 300aa-l 5(a) and (d), and subject to the conditions of 42 U.S.C. § 300aa-15(g) and (h). 13. In return for the payments described in paragraphs 8 and 9, petitioner, in petitioner's individual capacity, and on behalf ofpetitioner"s heirs, executors, administrators, successors or assigns, (a) 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 of action (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 ot~ any and all known or unknown. suspected or unsuspected personal injuries to or death of petitioner resulting from. or alleged to have resulted from. the flu vaccination administered on October 3.2019. as alleged by petitioner in a petition for vaccine compensation filed on or about September 23. 2022. in the United States Cou11 of Federal Claims as petition No. 22-1361 V. 14. If petitioner should die prior to entry of judgment, this agreement shall be voidable upon proper notice to the Court on behalf of either or both of the parties. 3 Case 1:22-vv-01361-UNJ Document 30 Filed 07/30/24 Page 6 of 7 15. If the special master fails to issue a decision in complete conformity with the terms of this Stipulation or if the Court of Federal Claims fails to enter judgment in conformity with a decision that is in complete conformity with the terms of this Stipulation, then the patties' settlement and this Stipulation shall be voidable at the sole discretion of either 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 of the 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 of Health and Human Services that the flu vaccine caused petitioner's alleged shoulder injury or any other injury or petitioner's current disabilities, or that petitioner suffered an injury contained in the Vaccine Injury Table. 18. All rights and obligations of petitioner hereunder shall apply equally to petitioner's heirs. executors, administrators, successors, and/or assigns. END OF STIPULATION I I I I I I I I 4 Case 1:22-vv-01361-UNJ Document 30 Filed 07/30/24 Page 7 of 7 Respectfully submitted, PETITIONER: ~fuo1~ 1 ~ ~ ATTORNEY OF RECORD FOR AUTHORIZED REPRESENTATIVE PETITIONER: OF THE ATTORNEY GENERAL: ~b:tl-v-bt: r(~ C HEATHER L. PEARLMAN Deputy Director 527 Prospect Av enue Torts Branch West Hartford, CT 06105 Civil Division Telephone: (860) 549-8440 U.S. Department of Justice Email: cmalcynsky@walshwoodard.com P.O. Box 146 Benjamin Franklin Station Washington, DC 20044-0146 AUTHORIZED REPRESENTATIVE ATTORNEY OF RECORD FOR OF THE SECRETARY OF HEALTH RESPONDENT: AND HUMAN SERVICES: Jeffrey S. Digitally signed by Jeffrey S. Beach -S Beach -5 Date: 2024.05.28 1s :26:09 -o4'oo' for CDR GEORGE REED GRIMES, MD, MPH ALEC SAXE 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. Department of Health Benjamin Franklin Station and Human Services Washington, DC 20044-0146 5600 Fishers Lane, 08W-25A (202) 353-7722 Rockville, MD 20857 alec.saxe@usdoj.gov 5 ================================================================================ DOCUMENT 2: USCOURTS-cofc-1_22-vv-01361-cl-extra-10734644 Date issued/filed: 2024-07-30 Pages: 1 Docket text: Supplementary opinion from CourtListener cluster 10268054 -------------------------------------------------------------------------------- In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 22-1361V REGINA A. DISANTIS, Chief Special Master Corcoran Petitioner, Filed: June 26, 2024 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Caitlyn Shea Malcynsky, Walsh Woodward, LLC, West Hartford, CT, for Petitioner. Alec Saxe, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON JOINT STIPULATION1 On September 23, 2022, Regina A. Disantis 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 right shoulder injury related to vaccine administration (“SIRVA”), a defined Table injury and also caused-in-fact injury, after receiving the influenza (“flu”) vaccine on October 3, 2019. Petition at 1, ¶¶ 2, 11; Stipulation, filed May 30, 2024, ¶¶ 1-2, 4. Petitioner further alleges that she received the vaccines within the United States, that she suffered the residual effects of his SIRVA for more than six months, and that neither she nor any other party has filed a civil action or received compensation for her SIRVA. Petition at ¶¶ 2, 12-14; Stipulation at ¶¶ 3-5. “Respondent denies that [P]etitioner sustained a SIRVA Table injury, denies that [P]etitioner’s alleged shoulder injury was caused-in-fact by the flu vaccine, and denies that the flu vaccine caused [P]etitioner any other injury or her current condition.” Stipulation at ¶ 6. 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). Nevertheless, on June 25, 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 $45,000.00 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 IN TH E UNITED ST ATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS REGINA A. DI SANTI S. Petitioner. No . 22-1 361V Chief Special Master Corcoran V. ECF SEC RETA RY OF HEA LTH AND HUM AN SE RVI CES. Respondent. STIPULATION The parti es hereby stipulate to the fo llow ing matte rs: I. Reg ina A. Di santi s ("' petitioner'") fil ed a petition fo r vacc ine compensation under the Nati onal Vacc ine Injury Co mpensati on Program . 42 U. S.C. § 300aa-10 to 34 (the ·'Vacc ine Progra m.. ). The petiti on see ks compensati on fo r an injury all egedl y related to petitioner' s rece ipt of an influenza (.. flu '') vacc ine. whi ch vacc ine is contained in the Vacc ine Injury Table (the --Tabl e"), 42 C.F. R. § I00.3(a) 2. Petiti oner rece ived a flu vacc ine on October 3, 201 9. 3. The vacc ine was admini stered within the United States. 4. Petiti oner alleges that she sustained a shoulder injury related to vacc ine admini strati on c--s tRV A") within the time period set fo rth in the Table. Petiti oner fu1th er all eges that she suffered the res idual effects of the alleged injury fo r more than six months. 5. Petiti oner represents that there has been no pri or awa rd or settlement of a civil action for damages on petitioner' s behalf as a result of the alleged injury. 6. Respondent denies that petitioner sustained a SIRVA Table injury, denies that petitioner's alleged shoulder injury was caused-in-fact by the flu vaccine, and denies that the flu vaccine caused petitioner any other injury or her current condition. 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 of this Stipulation. 8. As soon as practicable after an entry ofjudgment 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 follmving vaccine compensation payment: A lump sum of $45,000.00 in the form of a check payable to petitioner. This amount represents compensation for all damages that would be available under 42 U.S.C. § 300aa-l 5(a). 9. As soon as practicable after the entry of judgment 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-2 l (a)( I). 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. I0. Petitioner and petitioner' s attorney represent that compensation to be provided pursuant to this Stipulation is not for any items or services for which the Program is not prirnari ly Iiable under 42 U.S.C. § 300aa-15(g), to the extent that payment has been made or can reasonabl y 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 I I. Payment made pursuant to paragraph 8 and any amounts awarded pursuant to paragraph 9 of this Stipulation will be made in accordance with 42 U.S.C. § 300aa-15(i), subject to the ava ilabi Iity of sufficient statutory funds. 12. The parties and their attorneys further agree and stipulate that, except for any award for attorney's fees and li tigation costs, and past unreimbursed expenses, the money provided pursuant to this Stipulation will be used solely for the benefit of petitioner as contemplated by a strict construction of 42 U.S.C. § 300aa-l 5(a) and (d), and subject to the conditions of 42 U.S .C. § 300aa-15(g) and (h). 13. In return for the payments described in paragraphs 8 and 9, petitioner, in petitioner's individual capacity, and on behalf ofpetitioner"s heirs, exec utors, administrators, successors or assigns, (a) does forever irrevocably and unconditionally release, acqu it and discharge the United States and the Secretary of Health and Human Services from any and all actions or causes of action (incl uding agreements, judgments, cla ims, damages, loss of services, expenses and all demands of whatever kind or nature) that have been brought, cou ld have been brought, or could be timely brought in the Cou rt 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 grow ing out ot~ any and all known or unknown. suspected or unsuspected personal injuries to or death of petitioner resulting from. or alleged to have resulted from. the flu vaccination administered on October 3.2019. as alleged by petitioner in a petition for vaccine compensation filed on or about September 23. 2022. in the United States Cou11 of Federal Claims as petition No. 22-1361 V. 14. If petitioner shou ld die prior to entry of judgment, this agreement shall be voidable upon proper notice to the Court on behalf of either or both of the parties. 3 15. If the special master fails to issue a decision in complete conformity with the terms of this Stipulation or if the Court of Federal Claims fails to enter judgment in conformity with a decision that is in complete conformity with the terms of this Stipulation, then the patties' settlement and this Stipulation shall be voidable at the sole discretion of either 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 of the 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 of Health and Human Services that the flu vaccine caused petitioner's alleged shoulder injury or any other injury or petitioner' s current disabilities, or that petitioner suffered an injury contained in the Vaccine Injury Table. 18. All rights and obligations of petitioner hereunder shall apply equally to petitioner's heirs. executors, administrators , successors, and/or assigns. END OF STIPULATION I I I I I I I I 4 Respectfully submitted, PETI TION ER: ~fuo1~ 1~ ~ ATTORN EY OF RECO RD FOR AU THORIZE D REPRESENTATIV E PET ITION ER: OF TH E ATTORN EY GENERAL: ~b:tl-v-bt: r ( ~ C HEATHER L. PEA RLM AN Deputy Director 527 Pros pect Ave nue Torts Branch West Hart fo rd , CT 06 105 Civil Division Te lephone: (860) 549-8440 U.S. Department of Ju stice Email : cmalcynsky@wa lshwoodard.com P.O. Box 146 Benjamin Franklin Stati on Was hin gton, DC 20044-0146 AUTHORI ZE D REPR ESENTATIV E ATTORN EY OF RECORD FOR OF TH E SEC RETARY OF HEALTH RES POND ENT: AND HUMAN SE RVI CES: Digitall y signed by Jeffrey S. Jeffr ey S. Beach -S Date: 2024.05.28 Beach -5 1s :26:09 -o4'oo' for CDR GEORG E REE D GRIM ES, MD, MPH AL EC SAX E Director. Di vision of Injury Trial Attorney Compensati on Program s Torts Branch Hea lth Systems Burea u Civil Di vision Hea lth Reso urces and Se rvices U.S. Department of Justice Administrati on P.O. Box 146 U.S. Department of Hea lth Benjamin Franklin Station and Human Se rvices Washington, DC 20044-0146 5600 Fishers Lane, 08W-25A (202) 353-7722 Roc kvill e, MD 208 57 alec.saxe@usdoj .gov 5