VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_23-vv-00058
Package ID: USCOURTS-cofc-1_23-vv-00058
Petitioner: Celia Donofrio
Filed: 2024-01-18
Decided: 2024-05-06
Vaccine: influenza
Vaccination date: 2021-10-11
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 18400

AI-assisted case summary:
Celia Donofrio filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she suffered a shoulder injury related to vaccine administration (SIRVA) after receiving the influenza vaccine on October 11, 2021. She claimed the injury was a Table injury and that she experienced residual effects for more than six months. Respondent denied that the vaccine caused her alleged shoulder injury or that it was a Table SIRVA injury. Despite these differing positions, the parties filed a joint stipulation agreeing to settle the case and award compensation. The court adopted the stipulation, awarding Celia Donofrio a lump sum of $18,400.00. This amount represents compensation for all damages available under the program. The decision was entered on May 6, 2024, following the stipulation filed on April 1, 2024, and the petition filed on January 18, 2023.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_23-vv-00058-0
Date issued/filed: 2024-05-06
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 04/01/2024) regarding 40 DECISION Stipulation/Proffer ( Signed by Chief Special Master Brian H. Corcoran. )(mpj) Service on parties made.
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Case 1:23-vv-00058-UNJ Document 44 Filed 05/06/24 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 23-0058V
CELIA DONOFRIO, Chief Special Master Corcoran
Petitioner, Filed: April 1, 2024
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Bridget Candace McCullough, Muller Brazil, LLP, Dresher, PA, for Petitioner.
Julianna Rose Kober, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION ON JOINT STIPULATION1
On January 18, 2023, Celia Donofrio 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”), a defined Table injury, after receiving the influenza (“flu”) on
October 11, 2021. Petition at ¶¶ 2, 16; Stipulation, filed Apr. 1, 2024, ¶¶ 1-2, 4. Petitioner
further alleges that she received the vaccine within the United States, that she suffered
the residual effects of her 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 ¶¶
12-14; Stipulation at ¶¶ 3-5. “Respondent denies that [P]etitioner suffered a Table SIRVA
injury; denies that the vaccine caused [P]etitioner’s alleged shoulder injury, or any other
injury; and denies that [P]etitioner’s current condition is a sequela of a vaccine-related
injury.” 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 1:23-vv-00058-UNJ Document 44 Filed 05/06/24 Page 2 of 7
Nevertheless, on April 1, 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 $18,400.00 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 1:23-vv-00058-UNJ Document 44 Filed 05/06/24 Page 3 of 7
IN THE UNITED STA TES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
CELIA DONOFRIO,
Petitioner, No. 23-0S8V
Chief Special Master Corcoran
v. ECF
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent
STIPULATION
The parties hereby stipulate to the following matters:
1. Petitioner filed a petition for vaccine compensation Wlder the National Vaccine Injury
Compensation Program, 42 U.S.C. § 300aa-10 to 34 (the "Vaccine Program"). The petition
seeks compensation for injuries alJegedly related to petitioner's receipt oft he influenza ("flu")
vaccine, which vaccine is contained in the Vaccine Injury Table (the "Table"), 42 C.F.R.
§ 100.3(a).
2. Petitioner received the flu vaccination on or about October 11, 2021.
3. The vaccine was administered within the United States.
4. Petitioner alleges that the flu vaccine caused her to develop a shoulder injury related
to vaccine administration ("$IRVA ") within the time period set forth in the Table and that she
experienced the residual effects of this condition for more than six months.
5. Petitioner represents that there has been no prior award or settlement of a civil action
for damages as a result of her condition.

Case 1:23-vv-00058-UNJ Document 44 Filed 05/06/24 Page 4 of 7
6. Respondent denies that petitioner suffered a Table SIR.VA injury; denies that the
vaccine caused petitioner's alleged shoulder injury. or any other injury; and denies that
petitioner's current condition is a sequeJa of a vaccine-related injury.
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. A3 soon as practicable after an entry ofj udgment reflecting a decision consistent with
the tenns of this Stipulation, and after petitioner bas 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 foJtowing vaccine compensation payments:
A lump sum of $18,400.00 in the fonn of a check payable to petitioner. This amount
represents compensation for all damages that would be available under 42 U.S.C.
§ 300aa-lS(a).
9. AB soon as practicable after the entry ofj udgment 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-21 (a)(l), and an application, the parties wiU submit to further proceedings before
the special master to award reasonable attorneys' fees and costs incurred in proceeding upon this
petition.
10. Petitioner and her attorney represent that they have identified to respondent all
known sources of payment for items or services for which the Program is not primarily JiabJe
under 42 U.S.C. § 300aa-15(g), including State compensation programs, insurance policies,
Federal or State health benefits programs (other than Title XIX of the Social SecW'ity Act (42
U.S.C. § 1396 et seq.)), or by entities that provide health services on a pre-paid basis.

Case 1:23-vv-00058-UNJ Document 44 Filed 05/06/24 Page 5 of 7
11. Payment made pursuant to paragraph 8 of this Stipulation, and any amount awarded
pursuant to paragraph 9, will be made in accordance with 42 U.S.C. § 300aa-15(i), subject to the
availability of sufficient statutory funds.
12. The parties and their attorneys further agree and stipuJate that, except for any award
for attorney's fees and litigation costs, and past unreimbursable expenses, the money provided
pursuant to this StipuJation will be used solely for the benefit of petitioner as contemplated by a
strict construction of4 2 U.S.C. § 300aa-IS(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 paragraph 8, and any amount awarded
pursuant to paragraph 9, petitioner, in her individual capacity, and on behalf of her heirs,
executors, administrators, successors and/or assigns, 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-IO et seq.,
on account of, or in any way growing out of, any and all known or unknown, suspected or
unsuspected personal injuries to or death of petitioner resuJting from, or alleged to have resulted
from, the flu vaccine administered on or about October 11, 2021, as alleged by petitioner in a
petition for vaccine compensation filed on or about January 8, 2023, in the United States Court
of Federal Claims u petition No. 23-58V.
14. If petitioner should die prior to entry ofj udgment, this agreement shall be voidable
upon proper notice to the Com1 on behalf of either or both of the parties.

Case 1:23-vv-00058-UNJ Document 44 Filed 05/06/24 Page 6 of 7
15. Jfthe special master fails to issue a decision in complete confonnity 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 parties'
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 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' JeSpCCtive positions as to liability and/or
amount of damages and further, that a change in the nature oft he 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 admi~ion by the United States or the
Secretary of Health and Human Services that the flu vaccine caused petitioner's alleged SIRVA
or any other injury or condition. or that petitioner suffered an injury contained in the Vaccine
Injury Table.
18. All rights and obligations ofp etitioner hereunder shall apply equally to petitioner's
heirs, executors, administrators, su~rs, and/or assigns.
END OF STIPULATION
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Case 1:23-vv-00058-UNJ Document 44 Filed 05/06/24 Page 7 of 7
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Rapectfully submitted.
PETmONER:
.TDlRl'ilEY OF RECORD Ji'OR AUTHORIZED REPRESENTATIVE
ONER: OP THE ATIORNEY GENERAL:
Q_.e
, ~{.l /J 1,,.Ll.~
HEATHER L PEARLMAN
MUU.Eltutu- Deputy Director
715 Twining Road, Suite 208 Torts Branch
Dresher, PA, 19025 Civil Division
(215) 885-1655 U.S. Department ofJ ustice
bridget@mullerbrazil.com P.O.Box 146
Benjamin Franklin Station
Washington, DC 20044-0146
AUTHORIZED REPRESENTATIVE A1TORNEY OF RECORD FOR
OP THE SECRETARY OJI' HEALTH RESPONDENT:
AND HUMAN SERVICl!'3:
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Jeffrey S.
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Beach -S 202 4.0.J.os l~ 1pr
CDR. GEORGE REED GRIMES, MD, MPH
Director. Diviaion of l.qjury Compensation Trial Attorney
Programs Torts Branch
Health Systems Bureau Civil Division
Health~ aod-Scrvicca - U.S. Departmmt ofJ liifice •• - - -
Administration P.O.Box 146
U.S. Department ofH ealth and Human Services Benjamin Franklin Station
S600 Fishers Lane Wubingto,\, OC 20044-0146
Partlawn Building. 08W-2SA (202) 742-6375
Rockville, MD 20857 juJitnna r,kober@usdoj.gov
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