1

In the United States Court of Federal Claims 

OFFICE OF SPECIAL MASTERS

No. 13-787V

Filed: March 25, 2014

Not for Publication

*************************************

SUMMER PAOLONE, *

* 

 Petitioner, * 

* Damages decision based on proffer;

v. * flu vaccine; brachial neuritis; frozen

* shoulder

SECRETARY OF HEALTH *

AND HUMAN SERVICES, *

 * 

Respondent. *

*

************************************* 

Lawrence R. Cohan, Philadelphia, PA, for petitioner.

Lynn E. Ricciardella, Washington, DC, for respondent.

MILLMAN, Special Master

DECISION AWARDING DAMAGES1

On October 10, 2013, petitioner filed a petition under the National Childhood Vaccine 

Injury Act, 42 U.S.C. §§ 300aa–10–34 (2012), alleging that she suffered brachial neuritis leading 

to frozen shoulder as a result of receiving influenza (“flu”) vaccine on September 22, 2011. Pet., 

Oct. 10, 2013, ECF No. 1. On January 14, 2014, respondent filed her Rule 4(c) Report, in which 

she conceded that petitioner’s left shoulder injury was caused by the September 22, 2011, flu 

vaccination, and that her injury was compensable under the Vaccine Act. Resp’t’s Rule 4(c) 

 

1 Because this decision contains a reasoned explanation for the special master's action in this case, the

special master intends to post this decision on the United States Court of Federal Claims's website, in 

accordance with the E-Government Act of 2002, Pub. L. No. 107-347, 116 Stat. 2899, 2913 (Dec. 17, 

2002). Vaccine Rule 18(b) states that all decisions of the special masters will be made available to the 

public unless they contain trade secrets or commercial or financial information that is privileged and 

confidential, or medical or similar information whose disclosure would constitute a clearly unwarranted 

invasion of privacy. When such a decision is filed, petitioner has 14 days to identify and move to redact

such information prior to the document=s disclosure. If the special master, upon review, agrees that the 

identified material fits within the banned categories listed above, the special master shall redact such 

material from public access.
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Report, Jan. 14, 2014, ECF No. 7.

On March 25, 2014, respondent filed Respondent’s Proffer on Award of Compensation. 

The undersigned finds the terms of the proffer to be reasonable. Based on the record as a whole, 

the undersigned finds that petitioner is entitled to the award as stated in the proffer. Pursuant to 

the terms stated in the attached proffer, the court awards petitioner a lump sum payment of 

$120,000.00, representing all elements of compensation available under 42 U.S.C. § 300aa–

15(a). The award shall be in the form of a check made payable to petitioner in the amount of 

$120,000.00.

 

In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of 

the court is directed to enter judgment herewith.2

IT IS SO ORDERED.

Dated: March 25, 2014 /s/ Laura D. Millman 

 Laura D. Millman

 Special Master

 

2

Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by each party, either separately or 

jointly, filing a notice renouncing the right to seek review.
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IN THE UNITED STATES COURT OF FEDERAL CLAIMS 

OFFICE OF SPECIAL MASTERS 

____________________________________ 

 ) 

SUMMER PAOLONE, ) 

 ) 

 Petitioner, ) No. 13-787V 

 ) Special Master Millman 

v. ) 

 ) 

SECRETARY OF HEALTH AND ) 

HUMAN SERVICES, ) 

 ) 

 Respondent. ) 

___________________________________ ) 

RESPONDENT’S PROFFER ON AWARD OF COMPENSATION

I. Compensation for Vaccine Injury-Related Items: 

Respondent proffers that, based on the evidence of record, petitioner should be 

awarded $120,000.00. This amount represents all elements of compensation to which 

petitioner would be entitled under 42 U.S.C. § 300aa-15(a)(1); §15(a)(3)(B); and 

§15(a)(4). Petitioner agrees. 

II. Form of the Award: 

The parties recommend that the compensation provided to Summer Paolone should 

be made through a lump sum payment as described below, and request that the special 

master’s decision and the Court’s judgment award the following:1

A. A lump sum payment of $120,000.00 in the form of a check payable to petitioner, 

Summer Paolone. This amount accounts for all elements of compensation under 

42 U.S.C. § 300aa-15(a) to which petitioner would be entitled. 

Petitioner is a competent adult. Evidence of guardianship is not required in this case. 

 

1

 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 and future pain and suffering. 
2 

 Respectfully submitted, 

STUART F. DELERY 

 Assistant Attorney General 

RUPA BHATTACHARYYA 

 Director 

 Torts Branch, Civil Division 

 VINCENT J. MATANOSKI 

 Deputy Director 

 Torts Branch, Civil Division 

 

 GLENN A. MACLEOD 

 Senior Trial Counsel 

 Torts Branch, Civil Division 

 s/ Lynn E. Ricciardella 

 LYNN E. RICCIARDELLA 

 Senior 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) 616-4356 

DATED: March 25, 2014