VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_24-vv-00040
Package ID: USCOURTS-cofc-1_24-vv-00040
Petitioner: Michele Romano
Filed: 2024-01-11
Decided: 2025-01-31
Vaccine: influenza
Vaccination date: 2022-10-18
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 28150

AI-assisted case summary:
Michele Romano filed a petition for vaccine compensation on January 11, 2024, alleging injury from an influenza vaccine received on October 18, 2022. Petitioner claimed a shoulder injury related to vaccine administration (SIRVA), which is listed on the Vaccine Injury Table, or alternatively, that the flu vaccine caused her shoulder injury. Petitioner further alleged that she suffered residual effects of the injury for more than six months. The respondent denied that the flu vaccine caused Petitioner's alleged SIRVA or any other injury. Despite these differing positions, the parties reached a joint stipulation for settlement. Chief Special Master Brian H. Corcoran adopted the stipulation, awarding Michele Romano a lump sum of $28,150.00. This award is intended to cover all damages available under Section 15(a) of the Vaccine Act. The decision was finalized on January 31, 2025, with judgment to be entered accordingly. Petitioner was represented by Heather L. Pearlman of Britcher Leone & Sergio, L.L.C., and respondent was represented by Benjamin Rex Eisenberg of the U.S. Department of Justice. The public decision does not describe the onset of symptoms, specific clinical details, diagnostic tests, or treatments.

Theory of causation field:
Petitioner Michele Romano received an influenza vaccine on October 18, 2022. She alleged a shoulder injury related to vaccine administration (SIRVA) within the Table time frame, or alternatively, that the flu vaccine caused her shoulder injury, with residual effects lasting more than six months. Respondent denied that the flu vaccine caused the alleged SIRVA or any other injury. The parties reached a joint stipulation for settlement, and Chief Special Master Brian H. Corcoran adopted the stipulation. The case was compensated with a lump sum award of $28,150.00. The theory of causation relied upon was the Vaccine Injury Table (SIRVA) or a cause-in-fact argument, though the stipulation explicitly states it is not an admission of causation by the respondent. No specific medical experts or detailed causation mechanisms were described in the public decision. The award was made on January 31, 2025. Petitioner's counsel was Heather L. Pearlman, and respondent's counsel was Benjamin Rex Eisenberg. Chief Special Master was Brian H. Corcoran.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_24-vv-00040-0
Date issued/filed: 2025-01-31
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 12/30/2024) regarding 27 DECISION Stipulation/Proffer. Signed by Chief Special Master Brian H. Corcoran. (kle) Service on parties made.
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Case 1:24-vv-00040-UNJ Document 31 Filed 01/31/25 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 24-40V
MICHELE ROMANO, Chief Special Master Corcoran
Petitioner,
v. Filed: December 30, 2024
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Jessica E. Choper, Britcher Leone and Sergio, L.L.C., Glen Rock, NJ, for Petitioner.
Benjamin Rex Eisenberg, U.S. Department of Justice, Washington, DC, for
Respondent.
DECISION ON JOINT STIPULATION1
On January 11, 2024, Michele Romano 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 October 18, 2022, Petitioner received an influenza (“flu”) vaccine,
which is a vaccine contained 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”) within the Table time frame, or in the alternative that her
shoulder injury was caused-in-fact by the flu vaccine. Petitioner further alleges that she
suffered the residual effects of her alleged injury for more than six months.
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 1:24-vv-00040-UNJ Document 31 Filed 01/31/25 Page 2 of 7
Respondent denies that Petitioner’s alleged SIRVA or its residual effects were
caused-in-fact by the flu vaccine; and denies that the flu vaccine caused Petitioner any
other injury or Petitioner’s current condition.
Nevertheless, on December 30, 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 $28,150.00 in the form of a check payable to Petitioner.
Stipulation ¶ 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 1:24-vv-00040-UNJ Document 31 Filed 01/31/25 Page 3 of 7
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
MIC! IELE ROM/\NO.
Petitioner.
v. No. 24-40V
Chief Spec ia I Master Corcoran
Sl:CRET/\RY OF 111~/\LTI I AND ECF
I llJM/\N Sl~RVICES.
Respondent.
STIPULATION
The parties hereby stipulate to the following matters:
I. Michele Romano ('·petitioner") filed a petition for vaccim; compensation under the
National Vaccine Injury Compensation Program. 4:2 U.S.C. § 300aa-l Oto 34 (the ··vaccine
Program''). The petition seeks compensation for injuries allegedly related to petitioncr·s receipt
o!'an innucnza (""tlu") vaccine. which vaccine is contained in the Vaccine Injury Table (the
--Table"). 42 C'.F.R. § I 0OJ(a)
2. Petitioner received a llu vaccine on October 18. 2022.
3. The vaccine ,,us administered \\ithin !he United States.
4. Petitioner alleges that petitioner suffered a shoulder injury related to vaccine
administration ("SIRVA .. ) within the Table time f'rarnc. or in the alternative that her shoulder
injury was caused-in-fact by the f-lu vaccine. Petitioner further alleges that petitioner sulTercd the
residual effects or 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 bchalr as a result of the t1llegcd injt1ry.

Case 1:24-vv-00040-UNJ Document 31 Filed 01/31/25 Page 4 of 7
6. Respondent denies that petitioner"s alleged SIRVA or its residual effects \\ere
caused-in-fact by the flu vaccine: and denies that the flu vaccine caused petitioner any other
injury or petitioner's 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. /\s soon as practicable after an entry of judgment rellecting a decision consistent" ith
the terms of this Stipulation. and after petitioner has tiled an election to receive compensation
pursuant to 42 U.S.C. § 300aa-2 I (a)( I). the Secretary or I lea Ith and l luman Services will issue
the following vaccine compensation payment for all damages that would be available under 42
U.S.C. § 300aa-I 5{a):
/\ lump sum or $28,150.00 in the form or a check payable to petitioner.
9. /\s soon as practicable aner 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. § J00aa-21 (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
primarily liable 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. § I 396 ct seq.)), or by entities that provide health services on a pre-paid basis.
2

Case 1:24-vv-00040-UNJ Document 31 Filed 01/31/25 Page 5 of 7
I I. Payment made pursuant to paragraph 8 and any amoLInls awarded pursuant lo
paragraph 9 or this Stipulation will be made in accordance with 42 U.S.C. § 300aa-15(i). subject
to the avuilability orsurlicicnt statutory funds.
12. The parties and their attorneys rurther agree and stipulate that, except for any award
for attorney· s fees and I itigation costs. and past unreimbursed expenses, the money provided
pursuant lo this Stipulation will be used solely for the benefit or petitioner as contemplated by a
strict construction or 42 U.S.C. § 300aa-15(a) and (d), and subject to the conditions or 42 U.S.C.
§ 300au-l 5(g) and (h).
13. In return for the payments described in paragraphs 8 and 9. petitioner, in petitioner's
individual capacity. and on bclu1ll'ofpctitioncr"s heirs. executors, administrators, successors or
assigns. docs forever irrevocably and unconditionally release. acquit and discharge the United
States and the Secretary or I lcalth and I IL11nan Services l'rom any and all actions or causes of
action (including agrecrncnts.judgrncnls. claims. damages. loss or services. expenses and all
demands of'whatcvcr kind or nalllrc) that have been brought. could have been brought, or could
be timely brought in the Court or Federal Claims. under the National Vaccine Injury
Compensation Program. 42 U.S.C. § 300aa• I0 cl seq., 011 account of, or in any way growing out
or: any and all known or unknown. suspected or unsuspected personal injuries Lo or death or·
petitioner resulting from. or alleged to have rcsLiltcd l'rom. the flL1 vaccination administered on
October 18. 2022. as alleged in a petition for vaccine compensation riled on or about January 11,
2024. in the United Stales Court of Federal Claims as petition No. 24-40V.
14. If' petitioner should die prior to entry of'judgrncnl. this agreement shall be voidable
upon proper notice to the Court on behalf" or either or both of the parties.
3

Case 1:24-vv-00040-UNJ Document 31 Filed 01/31/25 Page 6 of 7
15. If tht: special master fails 10 issue a decisio11 in complete conformity with the terms
ot'this Stipulation or if the Court ofTcdcral 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 f'ull und complete negotiated settlement or liability and
darnagt:s claimed under the National Childhood Vaccine Injury /\ct or 1986. as amended, except
as otherwise noted in paragraph 9 above. There is absolutely no agreement on the part or the
parties hereto to make any payment or to do any act or thing other than is herein expressly stated
and clearly agreed lo. The parties further agree and understand that the award described in this
Stipulation may rellcct a compromise or the parties· respective positions as to liability and/or
amount ol' damages, and further, that a change in the nature of the injury or condition or in the
items or compensation sought. is 1101 grounds to modify or revise this agreement.
17. This Stipulation shall not be constrned as an admission by the United States or the
Secretary or I lea Ith and I luman Services that the flu v,H:cine caused petitioner's alleged injury or
any other injury or petitioner's ctrrTcnt disabilities.
18. /\II rights unc.1 obligations of petitioner hereunder shall apply equally to petitioner's
heirs. c:xccutors. administrators. successors. and/or assigns.
END OF STIPULATION
4

Case 1:24-vv-00040-UNJ Document 31 Filed 01/31/25 Page 7 of 7
Respectfully submitted.
PETITIONER:
~ v ? ~
MICHELE ROMANO
ATTORNEY OF RECORD FOR /\UTI IORIZED REPRESENT /\TIVE
PETITIO ·R: .-1 'I OF THE ATTORNEY GENERAL:
17
.-A,l(o,~--4--<~-e ~
HEATHER L. PEARLMAN
Britcher Leone & Sergio. LLC Dq)ltty Director
55 I larristown Road Torts Branch
Glen Rock. NJ 07452 Civil Division
20 I -444-1644 U.S. Department of Justice
jcssica@blsatLorncys.co111 P.O. Box 146
Benjamin Franklin Station
Washington. DC 20044-0146
or
/\LJTI IORIZED REPRl·:Sl~NTATIVC /\ TTORNEY RlCORD FOR
OF THE SECRETARY OF HEALTH RESPONDENT:
/\ND I IUM/\N SERVICl::S:
Jeffrey S. Digitally signed by Jeffrey
S. Beach •S
-S
Bea Ch Date: 2024.12.10 09:56:28
______ -os·oo· for
~ E::::G~
CPT GEORGE REED GRIMES. MD. MPI I
Captain. Division of Injury Trial Attorney
Compensation Programs Torts Brnnch
I lealth Systems Bureau Civil Division
Health Resources and Services U.S. Department of Justice
Administration P.O. Box 146
U.S. Department or I lea Ith Benjamin r-ranklin Station
and I luman Services Washington, DC 20044-0146
5600 r-ishcrs Lane. 08N 14613 202-514-4074
Rockville, MD 20857 benjarn in.ciscnbcrg@usdoj.gov
Dated: Jl C. ~ J2QL':\
5