In the United States Court of Federal Claims 

OFFICE OF SPECIAL MASTERS

No. 18-0350V

Filed: May 21, 2019

UNPUBLISHED

KATHLEEN GULLO,

 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)

Bridget Candace McCullough, Muller Brazil, LLP, Dresher, PA, for petitioner.

Jeffrey T. Sprague, U.S. Department of Justice, Washington, DC, for respondent.

DECISION AWARDING DAMAGES1

Dorsey, Chief Special Master:

On March 7, 2018, 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 shoulder injury related to vaccine 

administration (“SIRVA”) as a result of an influenza vaccination received on October 13, 

2016. Petition at 1. The case was assigned to the Special Processing Unit of the Office 

of Special Masters.

On March 4, 2019, a ruling on entitlement was issued, finding petitioner entitled 

to compensation for her SIRVA. On May 21, 2019, respondent filed a proffer on award 

of compensation (“Proffer”) indicating petitioner should be awarded $130,000.00 in the 

form of a check payable to petitioner and $1,960.96, representing compensation for

 

1 The undersigned intends to post this decision on the United States Court of Federal Claims' website. 

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, the 

undersigned agrees that the identified material fits within this definition, the undersigned will redact such 

material from public access. Because this unpublished decision contains a reasoned explanation for the 

action in this case, undersigned is required 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).

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

satisfaction of the State of California Medicaid lien, in the form set forth below. Proffer 

at 1-2. In the Proffer, respondent represented that petitioner agrees with the proffered 

award. Id. Based 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 $130,000.00 in the form of a check payable to 

petitioner, Kathleen Gullo, and a lump sum payment of $1,960.96, representing 

compensation for satisfaction of the State of California Medicaid lien, in the form 

of a check payable jointly to petitioner and:

Department of Health Care Services

Recovery Branch – MS 4720

P.O. Box 997421

Sacramento, CA 95899-7421

(Ref# C96013915D-VAC03)

Petitioner agrees to endorse a check to the State of California for satisfaction of the 

Medicaid lien.

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.
IN THE UNITED STATES COURT OF FEDERAL CLAIMS

OFFICE OF SPECIAL MASTERS

___________________________________ 

) 

KATHLEEN GULLO, ) 

) 

 Petitioner, ) No. 18-350V ECF

 ) 

 v. ) Chief Special Master Dorsey

 ) 

SECRETARY OF HEALTH ) 

AND HUMAN SERVICES, ) 

) 

 Respondent. ) 

___________________________________ ) 

PROFFER ON AWARD OF COMPENSATION1 

I. Procedural History

 

 On March 7, 2018, Kathleen Gullo (“petitioner”) filed a petition for compensation 

(“petition”) under the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-1 to -

34, as amended. She alleges that, as a result of receiving the influenza vaccine on October 13, 

2016, she suffered from a left shoulder injury related to vaccine administration (“SIRVA”). 

Petition. On March 4, 2019, respondent filed his Vaccine Rule 4(c) report, conceding SIRVA as 

a Table injury. On March 4, 2019, the Chief Special Master issued a ruling on entitlement, 

finding that petitioner was entitled to compensation for SIRVA. 

II. Items of Compensation 

A. Pain and Suffering 

Based upon the evidence of record, respondent proffers that petitioner should be awarded 

a lump sum of $130,000.00 for pain and suffering, paid in the form of a check to petitioner. 

 1

 This Proffer does not include attorneys’ fees and costs, which the parties intend to 

address after the Damages Decision is issued. 
2 

B. Medicaid Lien

Respondent proffers that petitioner should be awarded funds to satisfy the 

State of California Medicaid lien in the amount of $1,960.96, which represents 

full satisfaction of any right of subrogation, assignment, claim, lien, or cause of action the 

State of California may have against any individual as a result of any Medicaid

payments the State of California has made to or on behalf of petitioner from the 

date of her eligibility for benefits through the date of judgment in this case as a result of her 

vaccine-related injury suffered on or about October 13, 2016 under Title XIX of the Social 

Security Act.

These amounts represent all elements of compensation to which petitioner would be 

entitled under 42 U.S.C. § 300aa-15(a). Petitioner agrees.

III. Form of the Award 

Respondent recommends that the compensation provided to petitioner should be made 

through a combination of lump sum payments as described below, and requests that the special 

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

A. A lump sum payment of $130,000.00 in the form of a check payable to petitioner; 

and 

B. A lump sum payment of $1,960.96, representing compensation for satisfaction of the 

State of California Medicaid lien, in the form of a check payable jointly to petitioner 

and: 
3 

 Department of Health Care Services 

 Recovery Branch - MS 4720 

 P.O. Box 997421 

 Sacramento, CA 95899-7421 

 (Ref# C96013915D-VAC03)

Petitioner agrees to endorse a check to the State of California for satisfaction of the 

Medicaid lien.2

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

Respectfully submitted,

JOSEPH H. HUNT

Assistant Attorney General 

C. SALVATORE D’ALESSIO

Acting Director

Torts Branch, Civil Division 

CATHARINE E. REEVES

Deputy Director

Torts Branch, Civil Division 

 GABRIELLE M. FIELDING

Assistant Director

Torts Branch, Civil Division 

/s/Jeffrey T. Sprague 

 JEFFREY T. SPRAGUE

Trial Attorney

Torts Branch, Civil Division 

U. S. Department of Justice 

P.O. Box l46, Benjamin Franklin Station 

Washington, D.C. 20044-0146 

Direct dial: (202) 616-4179 

Dated: May 21, 2019 Fax: (202) 616-4310 

 2

 Should petitioner die prior to entry of judgment, respondent would oppose any award 

for future medical expenses, future lost earnings, and future pain and suffering, and the parties 

reserve the right to move the Court for appropriate relief.