VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_25-vv-00177
Package ID: USCOURTS-cofc-1_25-vv-00177
Petitioner: Jackie Graziano
Filed: 2025-01-30
Decided: 2025-11-05
Vaccine: influenza
Vaccination date: 2023-10-20
Condition: left shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 110000

AI-assisted case summary:
On January 30, 2025, Jackie Graziano filed a petition alleging that an influenza vaccine administered on October 20, 2023 caused a left shoulder injury related to vaccine administration. The public materials identify her as an adult petitioner but do not state her exact age.

Respondent conceded entitlement after DICP reviewed the petition and medical records. The concession stated that Ms. Graziano had no prior left-shoulder pain, inflammation, or dysfunction; that pain occurred within 48 hours of vaccination; that pain and reduced range of motion were limited to the vaccinated shoulder; that no other condition explained the pain; and that the residual effects lasted more than six months.

Chief Special Master Corcoran found entitlement on July 22, 2025. On November 5, 2025, he awarded $110,000.00 for actual pain and suffering, payable through counsel's IOLTA account.

Theory of causation field:
Influenza vaccine October 20, 2023 causing left Table SIRVA in adult petitioner. COMPENSATED. Respondent conceded no prior left shoulder symptoms, pain within 48 hours, pain/reduced ROM limited to vaccinated shoulder, no alternative condition, and severity beyond six months. Entitlement July 22, 2025; damages November 5, 2025. Award $110,000 pain/suffering. Petition filed January 30, 2025. Attorney Paul R. Brazil.

Public staged source text:

================================================================================
DOCUMENT 1: USCOURTS-cofc-1_25-vv-00177-0
Date issued/filed: 2025-08-25
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 07/22/2025) regarding 18 Ruling on Entitlement ( Signed by Chief Special Master Brian H. Corcoran. )(mpj) Service on parties made.
--------------------------------------------------------------------------------
Case 1:25-vv-00177-UNJ Document 21 Filed 08/25/25 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 25-177V
JACKIE GRAZIANO, Chief Special Master Corcoran
Petitioner, Filed: July 22, 2025
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Paul R. Brazil, Muller Brazil, LLP, Dresher, PA, for Petitioner.
Catherine Elizabeth Stolar, U.S. Department of Justice, Washington, DC, for
Respondent.
RULING ON ENTITLEMENT1
On January 30, 2025, Jackie Graziano 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 Table injury - shoulder injury related
to vaccine administration (“SIRVA”) as a result of the administration of her October 20,
2023 influenza (“flu”) vaccination. Petition at 1. Petitioner further alleges that she received
the vaccine in the United States, that she suffered the residual effects of her injury for
more than six months, and that there has been no prior award or settlement of a civil
action on her behalf as a result of her injury. See Petition at ¶¶ 1, 11-13. The case was
assigned to the Special Processing Unit of the Office of Special Masters.
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 1:25-vv-00177-UNJ Document 21 Filed 08/25/25 Page 2 of 2
On July 21, 2025, 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.
Specifically, Respondent that the Division of Injury Compensation Programs, Department
of Health and Human Services (“DICP”)
reviewed the petition and medical records filed in this case and has
concluded that compensation is appropriate. DICP has concluded that
petitioner’s alleged injury is consistent with SIRVA as defined by the
Vaccine Injury Table. Specifically, petitioner had no history of pain,
inflammation, or dysfunction of her left shoulder prior to vaccination; pain
occurred within forty-eight hours after receipt of an intramuscular
vaccination; pain and reduced range of motion were 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. 42
C.F.R. §§ 100.3(a), (c)(10). Additionally, based on the medical records
outlined above, petitioner suffered the residual effects of her condition for
more than six months. Therefore, based on the record as it now stands,
petitioner has satisfied all legal prerequisites for compensation under the
Act. See 42 U.S.C. § 300aa-13(a)(1)(B); 42 U.S.C. § 300aa- 11(c)(1)(D)(i).
Id. at 4.
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

================================================================================
DOCUMENT 2: USCOURTS-cofc-1_25-vv-00177-1
Date issued/filed: 2025-12-08
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 11/05/2025) regarding 27 DECISION Stipulation/Proffer ( Signed by Chief Special Master Brian H. Corcoran. )(mpj) Service on parties made.
--------------------------------------------------------------------------------
Case 1:25-vv-00177-UNJ Document 31 Filed 12/08/25 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 25-177V
JACKIE GRAZIANO, Chief Special Master Corcoran
Petitioner, Filed: November 5, 2025
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Paul R. Brazil, Muller Brazil, LLP, Dresher, PA, for Petitioner.
Catherine Elizabeth Stolar, U.S. Department of Justice, Washington, DC, for
Respondent.
DECISION AWARDING DAMAGES1
On January 30, 2025, Jackie Graziano 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 Table injury - shoulder injury related
to vaccine administration (“SIRVA”) as a result of the administration of her October 20,
2023 influenza (“flu”) vaccination. Petition at 1. The case was assigned to the Special
Processing Unit of the Office of Special Masters.
On July 22, 2025, a ruling on entitlement was issued, finding Petitioner entitled to
compensation for SIRVA. On November 3, 2025, Respondent filed a proffer on award of
compensation (“Proffer”) indicating Petitioner should be awarded $110,000.00 in pain and
suffering. Proffer at 2. In the Proffer, Respondent represented that Petitioner agrees with
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 1:25-vv-00177-UNJ Document 31 Filed 12/08/25 Page 2 of 5
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.
Pursuant to the terms stated in the attached Proffer, I award Petitioner a lump
sum payment of $110,000.00 (representing pain and suffering) 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 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 1:25-vv-00177-UNJ Document 31 Filed 12/08/25 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
)
JACKIE GRAZIANO, )
)
Petitioner, )
) No. 25-177V
v. ) Chief Special Master Corcoran
) ECF
SECRETARY OF HEALTH AND HUMAN )
SERVICES, )
)
Respondent. )
)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION1
On January 30, 2025, Jackie Graziano (“petitioner”) filed a petition for compensation
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 (“flu”) vaccine she received on October 20, 2023.2 Petition at 1. On July 21, 2025,
the Secretary of Health and Human Services (“respondent”) filed his Rule 4(c) Report indicating
that this case is appropriate for compensation under the terms of the Act for a SIRVA Table
injury. ECF No. 17. On July 22, 2025, the Chief Special Master issued a Ruling on Entitlement
finding petitioner entitled to compensation. ECF No. 18. Respondent now proffers the
following regarding the amount of compensation to be awarded.
1 This Proffer does not include attorneys’ fees and costs, which the parties intend to address after
the Damages Decision is issued.
2 Petitioner filed her claim under the name “Jackie Tondalo.” See Petition. On April 21, 2025,
petitioner filed a Motion to Amend the Caption to refer to her maiden name, “Jackie Graziano.”
ECF No. 12. On May 30, 2025, this Court granted petitioner’s Motion and ordered that the case
caption be amended. ECF No. 13.

Case 1:25-vv-00177-UNJ Document 31 Filed 12/08/25 Page 4 of 5
I. Compensation
Respondent proffers that petitioner should be awarded $110,000.00 in pain and suffering.
See 42 U.S.C. § 300aa-15(a)(4). This amount represents all elements of compensation to which
petitioner is entitled under 42 U.S.C. § 300aa-15(a). Petitioner agrees.
II. Form of the Award/Recommended Payment
The parties recommend that the compensation provided to petitioner should be made
through one lump sum payment as described below and request that the Chief Special Master’s
decision and the Court’s judgment award the following:3
A lump sum payment of $110,000.00 to be paid through an ACH deposit to petitioner’s
counsel’s IOLTA account for prompt disbursement to petitioner, Jackie Graziano.
Petitioner is a competent adult. Proof of guardianship is not required in this case.
Respectfully submitted,
BRETT A. SHUMATE
Assistant Attorney General
C. SALVATORE D’ALESSIO
Director
Torts Branch, Civil Division
HEATHER L. PEARLMAN
Deputy Director
Torts Branch, Civil Division
TRACI R. PATTON
Assistant Director
Torts Branch, Civil Division
3 Should petitioner die prior to entry of judgment, the parties reserve the right to move the Court
for appropriate relief. In particular, respondent would oppose any award for future medical
expenses, future lost earnings, and future pain and suffering.
2

Case 1:25-vv-00177-UNJ Document 31 Filed 12/08/25 Page 5 of 5
/s/ Catherine E. Stolar
CATHERINE E. STOLAR
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) 353-3299
Email: catherine.stolar@usdoj.gov
DATED: November 3, 2025
3