VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_23-vv-00592
Package ID: USCOURTS-cofc-1_23-vv-00592
Petitioner: Jennel L. Palermo
Filed: 2023-04-26
Decided: 2024-05-06
Vaccine: influenza
Vaccination date: 2021-11-24
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 52885

AI-assisted case summary:
Jennel L. Palermo 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 November 24, 2021. She claimed her symptoms lasted for longer than six months. The respondent conceded that her injury was consistent with SIRVA as defined by the Vaccine Injury Table, noting she had no prior shoulder issues, the pain occurred within 48 hours of the vaccination, was limited to the injection site, and no other condition explained the pain. The respondent agreed that Petitioner met all legal prerequisites for compensation. A ruling on entitlement was issued on January 22, 2024, finding her entitled to compensation. Subsequently, on March 4, 2024, the parties stipulated to an award of $52,885.84, which included $52,500.00 for pain and suffering and $385.84 for past unreimbursed expenses. The Chief Special Master issued a decision awarding this amount on May 6, 2024.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_23-vv-00592-0
Date issued/filed: 2024-02-26
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 01/22/2024) regarding 22 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (ppa) Service on parties made.
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Case 1:23-vv-00592-UNJ Document 25 Filed 02/26/24 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 23-0592V
JENNEL L. PALERMO, Chief Special Master Corcoran
Petitioner, Filed: January 22, 2024
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Matthew F. Belanger, Faraci Lange, LLP, Rochester, NY, for Petitioner.
Kimberly Shubert Davey, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On April 26, 2023, Jennel Palermo 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 November
24, 2021. Petition at ¶ 1. Petitioner further alleges that her symptoms have lasted for
longer than six months. Petition at ¶ 2. The case was assigned to the Special Processing
Unit of the Office of Special Masters.
On January 11, 2024, 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. Respondent states that “Petitioner’s alleged injury is consistent with SIRVA as defined
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 1:23-vv-00592-UNJ Document 25 Filed 02/26/24 Page 2 of 2
by the Vaccine Injury Table. Specifically, Petitioner had no history of pain, inflammation,
or dysfunction of her right shoulder prior to vaccination; pain occurred within 48 hours
after receipt of an intramuscular vaccination; pain was limited to the shoulder in which the
vaccine was administered; and no other condition or abnormality has been identified to
explain Petitioner’s shoulder pain.” Id. at 4. Respondent further agrees that “Petitioner
has satisfied all legal prerequisites for compensation under the 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_23-vv-00592-1
Date issued/filed: 2024-05-06
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 04/03/2024) regarding 27 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (ppa) Service on parties made.
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Case 1:23-vv-00592-UNJ Document 33 Filed 05/06/24 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 23-0592V
JENNEL L. PALERMO, Chief Special Master Corcoran
Petitioner, Filed: April 3, 2024
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Matthew F. Belanger, Faraci Lange, LLP, Rochester, NY, for Petitioner.
Kimberly Shubert Davey, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On April 26, 2023, Jennel L. Palermo 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 following an
influenza vaccination she received on November 24, 2021. Petition at 1. The case was
assigned to the Special Processing Unit of the Office of Special Masters.
On January 22, 2024, a ruling on entitlement was issued, finding Petitioner entitled
to compensation for a Table SIRVA. On March 4, 2024, Respondent filed a proffer on
award of compensation (“Proffer”) indicating Petitioner should be awarded $52,885.84,
representing $52,500.00 in pain and suffering and $385.84 in past unreimbursed
expenses. Proffer at 1. In the Proffer, Respondent represented that Petitioner agrees 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.
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-00592-UNJ Document 33 Filed 05/06/24 Page 2 of 5
Pursuant to the terms stated in the attached Proffer, I award Petitioner a lump
sum payment of $52,885.84, comprised of $52,500.00 in pain and suffering and
$385.84 in past unreimbursed 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 1:23-vv-00592-UNJ Document 33 Filed 05/06/24 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
____________________________________
)
JENNEL L. PALERMO, )
)
Petitioner, )
) No. 23-592V
v. ) Chief Special Master Corcoran (SPU)
) ECF
SECRETARY OF HEALTH AND )
HUMAN SERVICES, )
)
Respondent. )
____________________________________)
PROFFER ON AWARD OF COMPENSATION
I. Procedural History
On April 26, 2023, Jennel L. Palermo (“petitioner”) filed a petition for compensation
(“petition”) 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 November 24, 2021. Petition at 1. On January 11, 2024,
respondent filed his Vaccine 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 January 22, 2024, the
Chief Special Master issued a Ruling on Entitlement finding petitioner entitled to compensation.
ECF Nos. 19, 22.
II. Items of Compensation
Based upon the evidence of record, respondent proffers that petitioner should be awarded
a lump sum of $52,885.84, for all damages, including $52,500.00 representative of pain and
suffering, and $385.84 representative of out-of-pocket medical and related expenses. This

Case 1:23-vv-00592-UNJ Document 33 Filed 05/06/24 Page 4 of 5
amount represents all elements of compensation to which petitioner is entitled under 42 U.S.C. §
300aa-15(a). Petitioner agrees.
III. Form of the Award
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 following: A lump sum payment of $52,885.84 in
the form of a check payable to petitioner.1 Petitioner agrees.
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
COLLEEN C. HARTLEY
Assistant Director
Torts Branch, Civil Division
1 Should petitioner die prior to entry of judgment, respondent would oppose any award for future
medical expenses, future lost earnings, and future pain and suffering, and the parties reserve the
right to move the Court for appropriate relief.
2

Case 1:23-vv-00592-UNJ Document 33 Filed 05/06/24 Page 5 of 5
s/ Kimberly S. Davey
KIMBERLY S. DAVEY
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) 307-1815
DATED: March 4, 2024 Email: Kimberly.Davey@usdoj.gov
3