VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_15-vv-01311
Package ID: USCOURTS-cofc-1_15-vv-01311
Petitioner: Meghan Espinoza
Filed: 2017-01-13
Decided: 2017-06-14
Vaccine: influenza
Vaccination date: 2014-10-14
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 80000

AI-assisted case summary:
Meghan Espinoza filed a petition for compensation under the National Vaccine Injury Compensation Program on November 3, 2015. She alleged that she suffered a shoulder injury related to vaccine administration (SIRVA) as a result of an influenza vaccine she received on October 14, 2014, and experienced residual effects for more than six months. The respondent denied that the flu immunization caused her alleged SIRVA or any other injury. Despite the denial, the parties filed a joint stipulation on January 13, 2017, agreeing that compensation should be awarded. The Special Master found the stipulation reasonable and adopted it as the decision of the Court. Meghan Espinoza was awarded a lump sum of $80,000.00, representing compensation for all items of damages available under the Vaccine Act. The decision was finalized on June 14, 2017. Petitioner's counsel was Paul R. Brazil of Muller Brazil, LLP, and respondent's counsel was Linda Sara Renzi of the U.S. Department of Justice. The Special Master was Nora Beth Dorsey.

Theory of causation field:
Petitioner Meghan Espinoza alleged a shoulder injury related to vaccine administration (SIRVA) following an influenza vaccine on October 14, 2014, with residual effects lasting over six months. Respondent denied causation. The parties filed a joint stipulation for compensation, which was adopted by Chief Special Master Nora Beth Dorsey. The stipulation did not detail the specific mechanism of injury or present expert testimony. Petitioner was awarded $80,000.00 as a lump sum. Paul R. Brazil represented the petitioner, and Linda Sara Renzi represented the respondent. The decision was issued on June 14, 2017.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_15-vv-01311-0
Date issued/filed: 2017-06-14
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 01/13/2017) regarding 30 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
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Case 1:15-vv-01311-UNJ Document 40 Filed 06/14/17 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 15-1311V
Filed: January 13, 2017
UNPUBLISHED
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
MEGHAN ESPINOZA, *
*
Petitioner, * Joint Stipulation on Damages;
v. * Influenza (“Flu”) Vaccine; Shoulder
* Injury Related to Vaccine Administration
SECRETARY OF HEALTH * (“SIRVA”); Special Processing Unit
AND HUMAN SERVICES, * (“SPU”)
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Paul R. Brazil, Muller Brazil, LLP, Dresher, PA, for petitioner.
Linda Sara Renzi, U.S. Department of Justice, Washington, DC, for respondent.
DECISION ON JOINT STIPULATION1
Dorsey, Chief Special Master:
On November 3, 2015, Meghan Espinoza (“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 (“flu”)
vaccine she received on October 14, 2014. Petition at 1; Stipulation, filed January 13,
2017, at ¶ 4. Petitioner further alleges that she experienced the residual effects of this
condition for more than six months. Petition at 3; Stipulation at ¶ 4. “Respondent
denies that the flu immunization is the cause of petitioner’s alleged SIRVA or any other
injury, or her current condition.” Stipulation at ¶ 6.
Nevertheless, on January 13, 2017, the parties filed the attached joint stipulation,
stating that a decision should be entered awarding compensation. The undersigned
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).

Case 1:15-vv-01311-UNJ Document 40 Filed 06/14/17 Page 2 of 7
finds the stipulation reasonable and adopts it as the decision of the Court in awarding
damages, on the terms set forth therein.
The parties stipulate that petitioner shall receive the following compensation:
A lump sum of $80,000.00, 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 42 U.S.C. § 300aa-15(a). Id.
The undersigned approves 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/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.
2

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