In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS 

No. 18-1771V 

UNPUBLISHED 

REGINA SARCONE, 

 Petitioner, 

v. 

SECRETARY OF HEALTH AND 

HUMAN SERVICES, 

 Respondent. 

Chief Special Master Corcoran 

Filed: July 1, 2020 

Special Processing Unit (SPU); Joint 

Stipulation on Damages; Influenza 

(Flu) Vaccine; Shoulder Injury 

Related to Vaccine Administration 

(SIRVA) 

Nicholas Edward Bunch, White, Getgey & Meyer, Cincinnati, OH, for Petitioner. 

Linda Sara Renzi, U.S. Department of Justice, Washington, DC, for respondent. 

DECISION ON JOINT STIPULATION1

On November 16, 2018, Regina Sarcone 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 (“flu”) vaccine she received 

on or about October 18, 2017. Petition at 1; Stipulation, issued at July 1, 2020, ¶¶ 4-6. 

Petitioner further alleges that she experienced the residual effects of this condition for 

more than six months. Petition at 2; Stipulation at ¶ 4. “Respondent denies petitioner 

sustained a SIRVA Table injury; and denies that her current condition is a sequela of a 

vaccine-related injury.” Stipulation at ¶ 6. 

Nevertheless, on July 1, 2020, 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1 Because this unpublished decision contains a reasoned explanation for the action in this case, I am 

required to post it on the United States Court of Federal Claims' website in accordance with the EGovernment Act of 2002. 44 U.S.C. § 3501 note (2012) (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 “§” references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. § 

300aa (2012). 

CORRECTED
2

Pursuant to the terms stated in the attached Stipulation, I award the following 

compensation: 

A lump sum of $55,779.17, in the form of a check payable to Petitioner. 

Stipulation at ¶ 8. This amount represents compensation for all items of 

damages that would be available under § 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 the 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.