VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_24-vv-01962
Package ID: USCOURTS-cofc-1_24-vv-01962
Petitioner: Denise Dicato
Filed: 2025-08-15
Decided: 2025-09-15
Vaccine: influenza
Vaccination date: 2023-09-01
Condition: shoulder injury
Outcome: compensated
Award amount USD: 19000

AI-assisted case summary:
Denise Dicato filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she suffered a shoulder injury as a result of receiving an influenza vaccine on September 1, 2023. She further alleged that she suffered residual effects of this injury for more than six months following the vaccination. The respondent, the Secretary of Health and Human Services, denied that Ms. Dicato suffered a Table SIRVA or any other vaccine-related injury. Despite the denial, the parties filed a joint stipulation on August 14, 2025, agreeing to an award of compensation. The court found the stipulation reasonable and adopted it as its decision. Ms. Dicato was awarded a lump sum of $19,000.00, which represents compensation for all items of damages available under Section 15(a) of the Vaccine Act. This award was to be paid through an ACH deposit to her counsel's IOLTA account for prompt disbursement.

Theory of causation field:
unclear

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_24-vv-01962-0
Date issued/filed: 2025-09-15
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 08/15/2025) regarding 23 DECISION Stipulation/Proffer, Signed by Chief Special Master Brian H. Corcoran. (ppa) Service on parties made.
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Case 1:24-vv-01962-UNJ Document 27 Filed 09/15/25 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 24-1962V
DENISE DICATO,
Chief Special Master Corcoran
Petitioner,
v. Filed: August 15, 2025
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Ronald Craig Homer, Conway, Homer, P.C., Boston, MA, for Petitioner.
Sara DeStefano, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION ON JOINT STIPULATION1
On November 27, 2024, Denise Dicato 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 as a result of
receiving an influenza (“flu”) vaccine on September 1, 2023. Petition at 1; Stipulation, filed
at August 14, 2025, ¶¶ 1-4. Petitioner further alleges that she suffered the residual effects
of her injury for more than six months after the administration of the flu vaccine. Petition
at 7; Stipulation at ¶4. “Respondent denies that petitioner suffered a Table SIRVA and
denies that the flu vaccine caused petitioner any other injury or petitioner’s current
condition.” Stipulation at ¶ 6.
Nevertheless, on August 14, 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.
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 1:24-vv-01962-UNJ Document 27 Filed 09/15/25 Page 2 of 7
Pursuant to the terms stated in the attached Stipulation, I award the following
compensation:
A lump sum of $19,000.00, 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). 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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