In the United States Court of Federal Claims 

OFFICE OF SPECIAL MASTERS

No. 16-1153V 

Filed: August 10, 2017

UNPUBLISHED

VIRGINIA LOVITTO, 

 Petitioner,

v. 

SECRETARY OF HEALTH AND 

HUMAN SERVICES,

 Respondent.

Special Processing Unit (SPU); 

Damages Decision Based on Proffer; 

Influenza (Flu) Vaccine; Shoulder 

Injury Related to Vaccine 

Administration (SIRVA)

Amber Diane Wilson, Maglio Christopher & Toale, PA, Washington, DC, for petitioner.

Camille Michelle Collett, U.S. Department of Justice, Washington, DC, for respondent.

DECISION AWARDING DAMAGES1

Dorsey, Chief Special Master:

On September 16, 2016, petitioner 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 left shoulder injury caused by her 

September 23, 2014 influenza vaccination. Petition at 1. The case was assigned to the 

Special Processing Unit of the Office of Special Masters.

On December 19, 2016, a ruling on entitlement was issued, finding petitioner 

entitled to compensation for a shoulder injury related to vaccine administration 

(“SIRVA”). On August 9, 2017, respondent filed a proffer on award of compensation 

(“Proffer”) indicating petitioner should be awarded $147,500.00. Proffer at 1. In the 

Proffer, respondent represented that petitioner agrees with the proffered award. Based 

 

1 Because this unpublished decision contains a reasoned explanation for the action in this case, the 

undersigned intends to post it on the United States Court of Federal Claims' website, in accordance with 

the E-Government Act of 2002. 44 U.S.C. § 3501 note (2012) (Federal Management and Promotion of 

Electronic Government Services). 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, the undersigned agrees that the identified material fits 

within this definition, the undersigned 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 “§” references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. § 

300aa (2012).
2

on the record as a whole, the undersigned finds that petitioner is entitled to an award as 

stated in the Proffer.

Pursuant to the terms stated in the attached Proffer, the undersigned awards 

petitioner a lump sum payment of $147,500.00 in the form of a check payable to 

petitioner, Virginia Lovitto. This amount represents compensation for all damages 

that would be available under § 300aa-15(a). 

The clerk of the court is directed to enter judgment in accordance with this 

decision.3 

IT IS SO ORDERED.

 s/Nora Beth Dorsey

Nora Beth Dorsey

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.
1

IN THE UNITED STATES COURT OF FEDERAL CLAIMS

OFFICE OF SPECIAL MASTERS

VIRGINIA LOVITTO,

Petitioner, 

v. 

SECRETARY OF HEALTH AND

HUMAN SERVICES, 

Respondent.

 No. 16-1153V

 Chief Special Master Nora Beth Dorsey

 ECF

RESPONDENT’S PROFFER ON AWARD OF COMPENSATION

On December 16, 2016, respondent filed a Rule 4(c) Report in which she conceded 

entitlement. Respondent now proffers that petitioner receive an award of a lump sum of 

$147,500.00 in the form of a check payable to petitioner. This amount represents compensation 

for all elements of compensation under 42 U.S.C. § 300aa-15(a) to which petitioner is entitled.1 

This proffer does not address final attorneys’ fees and litigation costs. Petitioner is additionally 

entitled to reasonable attorneys’ fees and litigation costs, to be determined at a later date upon 

petitioner submitting substantiating documentation. 

Petitioner agrees with the proffered award of $147,500.00 as representing all elements of 

compensation under 42 U.S.C. § 300aa-15(a) to which petitioner is entitled.

Respectfully submitted, 

CHAD A. READLER

Acting Assistant Attorney General

 1 Should petitioner die prior to the 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

C. SALVATORE D’ALESSIO

Acting Director

Torts Branch, Civil Division

CATHARINE E. REEVES

Deputy Director

Torts Branch, Civil Division

HEATHER L. PEARLMAN

Assistant Director

Torts Branch, Civil Division

s/Camille M. Collett

CAMILLE M. COLLETT

Trial Attorney

Torts Branch, Civil Division

U.S. Department of Justice

P.O. Box 146

Benjamin Franklin Station

Washington, D.C. 20044-0146

Telephone: (202) 616-4098

Dated: August 9, 2017