VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_23-vv-00943 Package ID: USCOURTS-cofc-1_23-vv-00943 Petitioner: Nancy Ann Buccigrossi Filed: 2025-04-15 Decided: 2025-05-16 Vaccine: influenza Vaccination date: 2020-10-28 Condition: shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 16000 AI-assisted case summary: Nancy Ann Buccigrossi filed a petition for vaccine compensation on April 15, 2025, alleging injury from an influenza vaccine she received on October 28, 2020. Petitioner alleged she sustained a shoulder injury related to vaccine administration (SIRVA) and experienced residual effects for more than six months. The influenza vaccine is listed on the Vaccine Injury Table, and the parties agreed to proceed as a Table claim. Respondent denied that the flu vaccine caused Petitioner's injury or any other condition. Despite these positions, the parties reached a joint stipulation to settle the case. Chief Special Master Brian H. Corcoran adopted the stipulation as the decision. Pursuant to the stipulation, the Special Master awarded Nancy Ann Buccigrossi a lump sum of $16,000.00, to be paid through an ACH deposit to Petitioner’s counsel’s IOLTA account for prompt disbursement to Petitioner. This amount represents compensation for all items of damages available under the Vaccine Act. The decision notes that the stipulation represents a full and complete negotiated settlement of liability and damages claimed under the National Childhood Vaccine Injury Act of 1986, as amended, and is not an admission by the United States or the Secretary of Health and Human Services that the flu vaccine caused petitioner's injury. Petitioner was represented by Howard Scott Gold of Gold Law Firm, LLC. Respondent was represented by Austin Joel Egan of the U.S. Department of Justice. Theory of causation field: Nancy Ann Buccigrossi filed a petition alleging injury from an influenza vaccine received on October 28, 2020, claiming a shoulder injury related to vaccine administration (SIRVA) with residual effects for more than six months. The influenza vaccine is listed on the Vaccine Injury Table. Respondent denied causation. The parties reached a joint stipulation to settle the case. Chief Special Master Brian H. Corcoran adopted the stipulation, awarding a lump sum of $16,000.00 for all damages under the Vaccine Act. The stipulation, dated April 15, 2025, and the decision, dated May 16, 2025, represent a negotiated settlement of liability and damages. Petitioner was represented by Howard Scott Gold, and Respondent by Austin Joel Egan. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_23-vv-00943-0 Date issued/filed: 2025-05-16 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 04/15/2025) regarding 33 DECISION Stipulation/Proffer. Signed by Chief Special Master Brian H. Corcoran. (cr) Service on parties made. -------------------------------------------------------------------------------- Case 1:23-vv-00943-UNJ Document 34 Filed 05/16/25 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 23-0943V NANCY ANN BUCCIGROSSI, Chief Special Master Corcoran Petitioner, v. Filed: April 15, 2025 SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Howard Scott Gold, Gold Law Firm, LLC, Wellesley Hills, MA, for Petitioner. Austin Joel Egan, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON JOINT STIPULATION1 On June 23, 2023, Nancy Ann Buccigrossi filed a petition for compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.2 (the “Vaccine Act”). On or about October 28, 2020, Petitioner received an influenza (“flu”) vaccine, which vaccine is listed in the Vaccine Injury Table (the “Table”), 42 C.F.R. § 100.3(a). Petitioner alleges that she sustained a shoulder injury related to vaccine administration (“SIRVA”) as a result of the flu vaccine. She further alleges that she experienced the residual effects of this condition for more than six months. Respondent denies that Petitioner suffered from a left shoulder injury as a result of the flu vaccine, and denied that the flu vaccine caused her any other injury or her current condition. 1Because 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. 2National 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-00943-UNJ Document 34 Filed 05/16/25 Page 2 of 7 Nevertheless, on April 15, 2025, 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 $16,000.00, to be paid through an ACH deposit to Petitioner’s counsel’s IOLTA account for prompt disbursement to Petitioner. Stipulation at ¶ 8. This amount represents compensation for all items of damages that would be available under Section 15(a). 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-00943-UNJ Document 34 Filed 05/16/25 Page 3 of 7 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS ) NANCY ANN BUCCIGROSSI, ) ) Petitioner, ) ) No. 23-943V V. ) Chief Special Master Corcoran ) ECF SECRETARY OF HEALTH AND HUMAN ) SERVICES, ) ) Respondent. ) __________________ ) STIPULATION The parties hereby stipulate to the following matters: l. Nancy Ann Buccigrossi ("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 injuries allegedly related to petitioner's receipt of the influenza ("flu") vaccine, which is contained in the Vaccine Injury Table (the "Table"), 42 C.F.R. § l00.3(a). 2. Petitioner received the flu vaccine on or about October 28, 2020. 3. The vaccine was administered in the United States. 4. Petitioner alleges that she suffered from a shoulder injury related to vaccine administration ("SIRVA") as a result of receiving the flu vaccine. Petitioner further alleges that she experienced the residual effects of this injury 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 al1eged condition. 6. Respondent denies that petitioner suffered from a left shoulder injury as a result of the flu vaccine, and denies that the flu vaccine caused her any other injury or her cWTent condition. Case 1:23-vv-00943-UNJ Document 34 Filed 05/16/25 Page 4 of 7 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 of judgment 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 following vaccine compensation payment: A lump sum of $16,000.00 to be paid through an ACH deposit to petitioner's counsel's IOLTA account for prompt disbursement to petitioner. This amount represents compensation for all damages that would be available under 42 U.S.C. § 300aa-15(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-2l(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. 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 liable 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 Security Act (42 U.S.C. § 1396 et seq.)), or entities that provide health services on a prepaid basis. 11 . Payment made pursuant to paragraph 8 of this Stipulation and any amounts 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. Case 1:23-vv-00943-UNJ Document 34 Filed 05/16/25 Page 5 of 7 12. The parties and their attorneys further agree and stipulate that, except for any award for attorneys' 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-15(a) and (d), and subject to the conditions of 42 U.S.C. § 300aa-l 5(g) and (h). 13. In return for the payments described in paragraphs 8 and 9, petitioner, in her individual capacity, and on behalf of her heirs, executors, administrators, successors, and 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 United States 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 of, 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 or about October 28, 2020, as alleged by petitioner in a petition for vaccine compensation filed on or about June 23, 2023, in the United States Court of Federal Claims as petition No. 23-943V. 14. If petitioner should die prior to entry ofj udgment, this agreement shall be voidable upon proper notice to the Court on behalf of either or both of the parties. 15. If the special master fails to issue a decision in complete conformity with the terms of this Stipulation or if the United States Court of Federal Claims fails to enter judgment in conformity with a decision that is in complete conformity with the tenns of this Stipulation, then the parties' settlement and this Stipulation shall be voidable at the sole discretion of either party. 3 Case 1:23-vv-00943-UNJ Document 34 Filed 05/16/25 Page 6 of 7 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' 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 left shoulder injury, any other injury, or her current condition. 18. All rights and obligations of petitioner hereunder shall apply equally to petitioner's heirs, executors, administrators, successors, and/or assigns. END OF STIPULATION 4 Case 1:23-vv-00943-UNJ Document 34 Filed 05/16/25 Page 7 of 7 Respectfully submitted, PETITIONER: !!1i " o Ot1 !ia