VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_16-vv-00525
Package ID: USCOURTS-cofc-1_16-vv-00525
Petitioner: Patricia Rubio
Filed: 2017-06-20
Decided: 2018-04-30
Vaccine: influenza
Vaccination date: 2014-10-23
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 75000

AI-assisted case summary:
Patricia Rubio filed a petition for compensation under the National Vaccine Injury Compensation Program on April 28, 2016. She alleged that she suffered a shoulder injury related to vaccine administration (SIRVA) caused by her influenza vaccination on October 23, 2014. Ms. Rubio further alleged that she experienced residual effects of her injury for more than six months and that there had been no prior award or settlement of a civil action for damages on her behalf. The respondent denied that the flu vaccination caused petitioner's alleged SIRVA or any other injury. Nevertheless, on June 20, 2017, the parties filed a joint stipulation agreeing to an award of compensation. Chief Special Master Nora Beth Dorsey found the stipulation reasonable and adopted it as the decision of the Court. Ms. Rubio was awarded a lump sum of $75,000.00 in compensation for all items of damages. Petitioner's counsel was Maximillian J. Muller of Muller Brazil, LLP. Respondent's counsel was Debra A. Filteau Begley of the U.S. Department of Justice. The public decision does not describe the specific onset of symptoms, medical examinations, diagnostic tests, treatments, or expert witnesses.

Theory of causation field:
Petitioner Patricia Rubio alleged a shoulder injury related to vaccine administration (SIRVA) following an October 23, 2014, influenza vaccination. The respondent denied that the vaccination caused the alleged SIRVA. The parties filed a joint stipulation agreeing to compensation. The public decision does not specify the theory of causation, mechanism of injury, or any expert testimony. Chief Special Master Nora Beth Dorsey approved the stipulation, awarding petitioner $75,000.00 in a lump sum for all damages. Petitioner was represented by Maximillian J. Muller, and respondent by Debra A. Filteau Begley. The decision date was April 30, 2018.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_16-vv-00525-1
Date issued/filed: 2018-04-30
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 06/20/2017) regarding 30 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Service on parties made.
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Case 1:16-vv-00525-UNJ Document 40 Filed 04/30/18 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 16-525V
Filed: June 20, 2017
UNPUBLISHED
PATRICIA RUBIO,
Special Processing Unit (SPU); Joint
Stipulation on Damages; Influenza
Petitioner,
(Flu) Vaccine; Shoulder Injury
v.
Related to Vaccine Administration
(SIRVA)
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Maximillian J. Muller, Muller Brazil, LLP, Dresher, PA, for petitioner.
Debra A. Filteau Begley, U.S. Department of Justice, Washington, DC, for respondent.
DECISION ON JOINT STIPULATION1
Dorsey, Chief Special Master:
On April 28, 2016, 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”) caused by her October 23, 2014 influenza (“flu”) vaccination.
Petition at 1; Stipulation, filed June 20, 2017, at ¶ 4. Petitioner further alleges that she
experienced residual effects of her injury for more than six months and that there has
been no prior award or settlement of a civil action for damages on her behalf as a result
of her condition.. Petition at 3; Stipulation at ¶¶ 4-5. “Respondent denies that
petitioner’s alleged SIRVA, or any other injury, was caused-in-fact by her flu
vaccination. ” Stipulation at ¶ 6.
Nevertheless, on June 20, 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 1:16-vv-00525-UNJ Document 40 Filed 04/30/18 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.
Pursuant to the terms stated in the attached Stipulation, the undersigned
awards the following compensation:
A lump sum of $75,000.00 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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