VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_16-vv-00763
Package ID: USCOURTS-cofc-1_16-vv-00763
Petitioner: Luzelva Rojo
Filed: 2016-06-29
Decided: 2019-03-14
Vaccine: influenza
Vaccination date: 2013-10-28
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 534580

AI-assisted case summary:
Luzelva Rojo filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) as a result of an influenza vaccine received on October 28, 2013. The case was assigned to the Special Processing Unit. Respondent conceded that petitioner's injury was consistent with SIRVA and was caused by the flu vaccine, satisfying all legal prerequisites for compensation. A ruling on entitlement was issued on October 4, 2016, finding petitioner entitled to compensation. Subsequently, on December 11, 2018, the parties filed a joint stipulation on damages. The court found the stipulation reasonable and adopted it as the decision of the Court. Pursuant to the stipulation, Luzelva Rojo was awarded a lump sum of $534,580.99, which included compensation for first-year life care expenses, lost earnings, pain and suffering, and past unreimbursable expenses. An additional amount was awarded for an annuity contract. The award represents compensation for all items of damages available under the Vaccine Act.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_16-vv-00763-0
Date issued/filed: 2017-01-09
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 10/03/2016) regarding 15 Ruling on Entitlement (Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
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Case 1:16-vv-00763-UNJ Document 22 Filed 01/09/17 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 16-0763V
Filed: October 3, 2016
UNPUBLISHED
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
LUZELVA ROJO, *
*
Petitioner, * Ruling on Entitlement; Concession;
v. * Influenza (“Flu”) Vaccine; Shoulder
* Injury Related to Vaccine Administration
SECRETARY OF HEALTH * (“SIRVA”); Special Processing Unit
AND HUMAN SERVICES, * (“SPU”)
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Lisa Annette Roquemore, Law Offices, Rancho Santa Margarita, CA, for petitioner.
Sarah Christina Duncan, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
Dorsey, Chief Special Master:
On June 29, 2016, Luzelva Rojo (“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 that she
received on October 28, 2013. Petition at 2. The case was assigned to the Special
Processing Unit of the Office of Special Masters.
On October 3, 2016, respondent filed her Rule 4(c) report in which she concedes
that petitioner is entitled to compensation in this case. Respondent’s Rule 4(c) Report
at 1. Specifically, respondent states that petitioner’s alleged injury is consistent with
SIRVA, and that it was caused in fact by the flu vaccine she received on October 28,
2013. Respondent further states that based on the record as it now stands, petitioner
has satisfied all legal prerequisites for compensation under the Act. Id. at 6-7.
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. 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-00763-UNJ Document 22 Filed 01/09/17 Page 2 of 2
In view of respondent’s concession and the evidence before me, the
undersigned finds 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_16-vv-00763-1
Date issued/filed: 2019-03-14
Pages: 10
Docket text: PUBLIC DECISION (Originally filed: 12/11/2018) regarding 70 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey. )(mpj) Service on parties made.
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Case 1:16-vv-00763-UNJ Document 82 Filed 03/14/19 Page 1 of 10
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 16-0763V
Originally Filed: December 11, 2018
Refiled in Redacted Form: March 8, 2019
UNPUBLISHED
L.B.,
Petitioner,
Special Processing Unit (SPU); Joint
v.
Stipulation on Damages; Influenza
(Flu) Vaccine; Shoulder Injury
SECRETARY OF HEALTH
Related to Vaccine Administration
AND HUMAN SERVICES,
(SIRVA)
Respondent.
Lisa Annette Roquemore, Law Office, Rancho Santa Margarita, CA, for petitioner.
Sarah Christina Duncan, U.S. Department of Justice, Washington, DC, for respondent.
DECISION ON JOINT STIPULATION1
Dorsey, Chief Special Master:
On June 29, 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”) as a result of an influenza (“flu”) vaccine that she received on
October 28, 2013. Petition at 2; Stipulation, filed December 11, 2018, at ¶ 4. Petitioner
further alleges that she experienced the residual effects of her injury for more than six
months. Petition at 8; Stipulation at ¶ 5. Respondent states that “[t]here is a not a
preponderance of evidence demonstrating that petitioner’s condition is due to a factor
unrelated to vaccination.” Stipulation at ¶ 6. The stipulation further states that
“[a]ccordingly, petitioner is entitled to compensation under the terms of the Vaccine Act
for her SIRVA. Therefore, a decision should be entered awarding compensation
described in paragraph 9 of this stipulation.” Stipulation at ¶ 8.
1 When this decision was originally filed the undersigned advised her intent 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 filed a timely motion to redact certain information. This decision is
being reissued with the requested redactions. Except for those changes and this footnote, no other
substantive changes have been made. This decision will be posted on the court’s website with no further
opportunity to move for redaction.
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-00763-UNJ Document 82 Filed 03/14/19 Page 2 of 10
On October 4, 2016, a ruling on entitlement was issued, finding petitioner entitled
to compensation. On December 11, 2018, the parties filed the attached joint stipulation,
stating that a decision should be entered awarding compensation. The undersigned
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. A lump sum of $534,580.99, which amount represents compensation for
first year life care expenses ($15,100.54), lost earnings ($378,829.20),
pain and suffering ($135,000.00) and past unreimbursable expenses
($5,651.25) in the form of a check payable to petitioner; and
b. An amount sufficient to purchase the annuity contract described in
paragraph 11 of the attached Stipulation, paid to the life insurance
company from which the annuity will be purchased. Stipulation at ¶ 9.
These amount represents compensation for all items of damages that would be
available under § 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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