VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_15-vv-01320
Package ID: USCOURTS-cofc-1_15-vv-01320
Petitioner: Esmeralda Morales
Filed: 2016-02-03
Decided: 2016-10-06
Vaccine: influenza
Vaccination date: 2014-03-19
Condition: shoulder injury related to vaccine administration
Outcome: compensated
Award amount USD: 76451

AI-assisted case summary:
Esmeralda Morales filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she suffered a shoulder injury related to vaccine administration (SIRVA) caused by an influenza vaccination she received on March 19, 2014. The case was assigned to the Special Processing Unit. Respondent conceded entitlement, believing the injury was consistent with SIRVA and caused by the vaccine, and identified no alternative cause. The undersigned Chief Special Master issued a ruling on entitlement on February 3, 2016, finding Ms. Morales entitled to compensation. Subsequently, on August 2, 2016, the parties filed a proffer on award of compensation. The decision on October 6, 2016, awarded Ms. Morales $76,451.58, comprising a lump sum of $76,000.00 payable to her and $451.58 to reimburse a Medicaid lien, payable jointly to her and the Florida Medicaid Casualty Recovery Program.

Theory of causation field:
Off-Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_15-vv-01320-0
Date issued/filed: 2016-05-05
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 02/03/2016) regarding 17 Ruling on Entitlement (Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
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Case 1:15-vv-01320-UNJ Document 23 Filed 05/05/16 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 15-1320V
Filed: February 3, 2016
Unpublished
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
ESMERALDA MORALES, *
*
Petitioner, * Ruling on Entitlement; Concession;
* Influenza Vaccination;
* Shoulder Injury Related to Vaccine
SECRETARY OF HEALTH * Administration (“SIRVA”);
AND HUMAN SERVICES, * Special Processing Unit (“SPU”)
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Diana Sedar, Maglio, Christopher and Toale, PA (FL), Sarasota, FL, for petitioner.
Camille Collett, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
Dorsey, Chief Special Master:
On November 4, 2015, Esmeralda Morales (“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” or “Program”]. Petitioner alleges that she
suffered a shoulder injury caused in fact by the influenza vaccination she received on
March 19, 2014. Petition, at ¶¶ 1, 9. Petitioner further alleges that she has suffered the
residual effects of her vaccination for more than six months and neither she nor anyone
else has brought a civil action or received compensation for her vaccine-related injuries.
Id., at ¶¶ 10, 13-14. The case was assigned to the Special Processing Unit of the Office
of Special Masters.
On February 2, 2016, respondent filed her Rule 4(c) report in which she
concedes that petitioner is entitled to compensation in this case. Respondent’s Rule
1 Because this unpublished ruling 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, Pub. L. No. 107-347, § 205, 116 Stat. 2899, 2913 (codified as amended
at 44 U.S.C. § 3501 note (2012)). 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-01320-UNJ Document 23 Filed 05/05/16 Page 2 of 2
4(c) Report at 7. Specifically, respondent “believes that the alleged injury is consistent
with a shoulder injury related to vaccine administration (“SIRVA”) and it was caused in
fact by the influenza vaccine she received on March 19, 2014.” Id. at 4. Respondent
has not identified an alternative cause for petitioner’s injury and believes petitioner has
satisfied the six month statutory requirement and “all prerequisites for compensation
under the Act.” Id.
In view of respondent’s concession and the evidence before me, I find that
petitioner is entitled to compensation.
IT IS SO ORDERED.
s/Nora Beth Dorsey
Nora Beth Dorsey
Chief Special Master
2

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DOCUMENT 2: USCOURTS-cofc-1_15-vv-01320-1
Date issued/filed: 2016-10-06
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 08/02/2016) regarding 36 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
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Case 1:15-vv-01320-UNJ Document 42 Filed 10/06/16 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 15-1320V
Filed: August 2, 2016
UNPUBLISHED
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
ESMERALDA MORALES, *
*
Petitioner, * Damages Decision Based on Proffer;
v. * Influenza (“Flu”) Vaccine;
* Shoulder Injury Related to Vaccine
SECRETARY OF HEALTH * Administration (“SIRVA”);
AND HUMAN SERVICES, * Special Processing Unit (“SPU”)
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Diana Sedar, Maglio, Christopher and Toale, PA (FL), Sarasota, FL, for petitioner.
Camille Collett, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
Dorsey, Chief Special Master:
On November 4, 2015, Esmeralda Morales (“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” or “Program”). Petitioner alleges that she
suffered a shoulder injury caused in fact by the influenza vaccination she received on
March 19, 2014. Petition, at ¶¶ 1, 9. The case was assigned to the Special Processing
Unit of the Office of Special Masters.
On February 3, 2016, the undersigned issued a ruling on entitlement, finding
petitioner entitled to compensation for her shoulder injury. On August 2, 2016,
respondent filed a proffer on award of compensation (“Proffer”) indicating petitioner
should be awarded $76,451.58, representing all elements of compensation to which
petitioner would be entitled. Proffer at 1. In the Proffer, respondent represented that
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-01320-UNJ Document 42 Filed 10/06/16 Page 2 of 4
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 payment as follows:
1. A lump sum payment of $76,000.00, the form of a check payable to
petitioner; and
2. A lump sum of $451.58, which amount represents reimbursement of a
Medicaid lien, in the form of a check payable jointly to petitioner and
Agency for Health Care Administration
c/o Florida Medicaid Casualty Recovery Program
P.O. Box 12188
Tallahassee, FL 32317-2188
Petitioner agrees to endorse this check to the Florida Medicaid Casualty
Recovery Program.
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

CCaassee 11::1155--vvvv--0011332200--UUNNJJ DDooccuummeenntt 3452 FFiilleedd 0180//0026//1166 PPaaggee 13 ooff 24
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
ESMERALDA MORALES,
Petitioner,
v. No. 15-1320V
Chief Special Master Nora Beth Dorsey
SECRETARY OF HEALTH AND ECF
HUMAN SERVICES,
Respondent.
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
I. Compensation for Vaccine Injury-Related Items
For purposes of this Proffer, the term “vaccine-related” is described in Respondent’s Rule
4(c) Report, filed on February 2, 2016, conceding entitlement in this case. Respondent proffers
that, based on the evidence of record, petitioner should be awarded $76,451.58. 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)(A); and 15(a)(4). Petitioner agrees.
II. Form of the Award
The parties recommend that the compensation provided to petitioner 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 of $76,000.00 in the form of a check payable to petitioner;
and
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, future pain and suffering, and
future lost wages.

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B. A lump sum of $451.58, which amount represents reimbursement of a
Medicaid lien, in the form of a check payable jointly to petitioner and
Agency for Health Care Administration
c/o Florida Medicaid Casualty Recovery Program
P.O. Box 12188
Tallahassee, FL 32317-2188
Petitioner agrees to endorse this check to the Florida Medicaid Casualty Recovery
Program.
Payments made pursuant to paragraphs IIA and IIB represent compensation for all damages that
would be available under 42 U.S.C. §300aa-15(a). Petitioner is a competent adult. Evidence of
guardianship is not required in this case.
Respectfully submitted,
BENJAMIN C. MIZER
Principal Deputy Assistant Attorney General
RUPA BHATTACHARYYA
Director
Torts Branch, Civil Division
CATHARINE E. REEVES
Acting Deputy Director
Torts Branch, Civil Division
MICHAEL P. MILMOE
Senior Trial Counsel
Torts Branch, Civil Division
`
s/Camille M. Collett
CAMILLE M. COLLETT
Trial Counsel
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146
Benjamin Franklin Station
Washington, D.C. 20044-0146
Telephone: (202) 616-4098
Dated: August 2, 2016
2