VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_23-vv-00360
Package ID: USCOURTS-cofc-1_23-vv-00360
Petitioner: Linda Ruocco
Filed: 2023-05-30
Decided: 2024-07-01
Vaccine: influenza
Vaccination date: 2021-12-01
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 20447

AI-assisted case summary:
Linda Ruocco filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) following an influenza vaccination on December 1, 2021. She further alleged that her injury persisted for longer than six months. Respondent denied that Petitioner sustained a SIRVA Table injury, denied that the flu vaccine caused her injury, and denied that her current condition is a sequela of a vaccine-related injury. Despite these denials, the parties filed a joint stipulation agreeing that compensation should be awarded. The court found the stipulation reasonable and adopted it as its decision. Linda Ruocco was awarded a lump sum of $20,447.00, representing compensation for all items of damages available under Section 15(a) of the Vaccine Act. This award was for pain and suffering and other damages related to her SIRVA.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_23-vv-00360-0
Date issued/filed: 2024-07-01
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 05/30/2024) regarding 28 DECISION Stipulation/Proffer ( Signed by Chief Special Master Brian H. Corcoran. )(mpj) Service on parties made.
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Case 1:23-vv-00360-UNJ Document 32 Filed 07/01/24 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 23-0360V
LINDA RUOCCO, Chief Special Master Corcoran
Petitioner, Filed: May 30, 2024
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Bruce William Slane, Law Office of Bruce W. Slane, P.C., White Plains, NY, for
Petitioner.
Dorian Hurley, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION ON JOINT STIPULATION1
On March 13, 2023, Linda Ruocco 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 an influenza vaccination she received on December 1,
2021. Petition at 1; Stipulation, filed at May 29, 2024, ¶¶ 2, 4. Petitioner further alleges
that her vaccine injury persisted longer than six months. Petition at ¶ 25; Stipulation at ¶
4. “Respondent denies that Petitioner sustained a SIRVA Table injury; denies that the flu
vaccine caused Petitioner’s alleged shoulder injury, or any other injury; denies that
Petitioner suffered the residual effects of her alleged injury for more than six months; and
denies that Petitioner’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-00360-UNJ Document 32 Filed 07/01/24 Page 2 of 7
Nevertheless, on May 29, 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 $20,447.00 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

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