Case Information
*1 In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS No. 24-1627V Chief Special Master Corcoran REBECCA ANDROLI, Filed: October 3, 2025 Petitioner, v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Brian L. Cinelli, Schiffmacher Cinelli Adoff LLP, Buffalo, NY, for Petitioner. Julianna Rose Kober, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES [1]
On October 10, 2024, Rebecca Androli 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”) following an influenza vaccination she received on October 12, 2021. Petition at ¶¶ 4, 49. The case was assigned to the Special Processing Unit of the Office of Special Masters.
On April 25, 2025, a ruling on entitlement was issued, finding Petitioner entitled to compensation for her SIRVA. On October 3, 2025, Respondent filed a proffer on award of compensation (“Proffer”) indicating Petitioner should be awarded $41,436.56, comprised of $40,000.00 for pain and suffering and $1,436.56 for past unreimbursable expenses. Proffer at 2. In the Proffer, Respondent represented that Petitioner agrees with 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.
*2 Pursuant to the terms stated in the attached Proffer, I award Petitioner a lump sum payment of $41,436.56, comprised of $40,000.00 for pain and suffering and $1,436.56 for past unreimbursable expenses, 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 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS
REBECCA ANDROLI,
Petitioner, v. No. 24-1627V Chief Special Master Corcoran
SECRETARY OF HEALTH AND
ECF
HUMAN SERVICES,
Respondent. PROFFER ON AWARD OF COMPENSATION [1] On October 10, 2024, Rebecca Androli (“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”), as amended, alleging that she suffered a Shoulder Injury Related to Vaccine Administration (“SIRVA”) following an influenza (“flu”) vaccination she received on October 12, 2021. Petition at 1 (ECF No. 1). On April 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. 13. On April 25, 2025, the Chief Special Master issued a Ruling on Entitlement finding that petitioner is entitled to vaccine compensation. ECF No. 14. I. Items of Compensation
Based upon the evidence of record, respondent proffers that petitioner should be awarded the following: *4 A. Pain and Suffering Respondent proffers that petitioner should be awarded $40,000.00 in pain and suffering.
See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees. B. Past Unreimbursable Expenses Evidence supplied by petitioner documents that she incurred past unreimbursable
expenses related to her vaccine-related injury. Respondent proffers that petitioner should be awarded past unreimbursable expenses in the amount of $1,436.56. See 42 U.S.C. § 300aa- 15(a)(1)(B). Petitioner agrees.
These amounts represent all elements of compensation to which petitioner is entitled under 42 U.S.C. § 300aa-15(a). Petitioner agrees. II. Form of the Award
The parties recommend that compensation provided to petitioner should be made through a lump sum payment, as described below, and request that the Chief Special Master’s decision and the Court’s judgment award the following: [2]
A lump sum payment of $41,436.56 to be paid through an ACH deposit to petitioner’s counsel’s IOLTA account for prompt disbursement to petitioner, Rebecca Androli. 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
*5 Deputy Director Torts Branch, Civil Division
ALEXIS B. BABCOCK
Assistant Director Torts Branch, Civil Division /s/ Julianna R. Kober Julianna R. Kober 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) 742-6375 Julianna.R.Kober@usdoj.gov
Dated: (cid:50)(cid:70)(cid:87)(cid:82)(cid:69)(cid:72)(cid:85) (cid:22)(cid:15) 2025 3
NOTES
[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).
[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
[1] This Proffer does not include attorneys’ fees and costs, which the parties intend to address after the Damages Decision is issued.
[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. 2