VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_16-vv-01014
Package ID: USCOURTS-cofc-1_16-vv-01014
Petitioner: Anita Romero
Filed: 2016-08-17
Decided: 2021-01-25
Vaccine: influenza
Vaccination date: 2013-09-24
Condition: left shoulder injury
Outcome: compensated
Award amount USD: 20000

AI-assisted case summary:
Anita Romero filed a petition for compensation under the National Vaccine Injury Compensation Program on August 17, 2016, alleging that she suffered a left shoulder injury as a result of receiving an influenza vaccine on September 24, 2013. She further alleged residual effects for more than six months and no prior award or settlement. The respondent denied that the flu immunization caused or significantly aggravated her alleged shoulder injury. Nevertheless, on December 30, 2020, the parties filed a joint stipulation for damages. Special Master Daniel T. Horner reviewed the stipulation and found it reasonable, awarding Anita Romero $20,000.00 as compensation for all items of damages. The award was to be paid as a lump sum via check to the petitioner. Petitioner's counsel was Paul R. Brazil of Muller Brazil, LLP, and respondent's counsel was Ryan Daniel Pyles of the U.S. Department of Justice. The public decision does not describe the specific onset of symptoms, medical tests, treatments, or expert witnesses involved in this case.

Theory of causation field:
Petitioner Anita Romero alleged a left shoulder injury resulting from an influenza vaccine administered on September 24, 2013. The respondent denied causation. The parties filed a joint stipulation for damages on December 30, 2020. Special Master Daniel T. Horner adopted the stipulation, awarding $20,000.00 as compensation for all items of damages. The public decision does not specify the theory of causation, the mechanism of injury, or name any experts. Petitioner was represented by Paul R. Brazil, and respondent was represented by Ryan Daniel Pyles.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_16-vv-01014-0
Date issued/filed: 2021-01-25
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 12/30/2020) regarding 74 DECISION Stipulation/Proffer. Signed by Special Master Daniel T. Horner. (et) Service on parties made.
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Case 1:16-vv-01014-UNJ Document 78 Filed 01/25/21 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 16-1014V
Filed: December 30, 2020
UNPUBLISHED
ANITA ROMERO,
Petitioner,
Joint Stipulation on Damages;
v.
Influenza (Flu) Vaccine; Shoulder
Injury
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Paul R. Brazil, Muller Brazil, LLP, Dresher, PA, for petitioner.
Ryan Daniel Pyles, U.S. Department of Justice, Washington, DC, for respondent.
DECISION ON JOINT STIPULATION1
On August 17, 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 left shoulder injury as a result of her
receipt of the influenza (“flu”) vaccination on September 24, 2013. Petition at 1,4;
Stipulation, filed December 30, 2020, at ¶¶ 1-4. Petitioner further alleges that she
experienced residual effects of this injury for more than six months and that there has
been no prior award or settlement for damages as a result of her injury. Petition at 4;
Stipulation at ¶¶ 4-5. “Respondent denies that an alleged flu immunization caused or
significantly aggravated petitioner’s alleged shoulder injury and/or any other injury. ”
Stipulation at ¶ 6.
Nevertheless, on December 30, 2020, the parties filed the attached joint
stipulation, stating that a decision should be entered awarding compensation. I find the
1 Because this decision contains a reasoned explanation for the special master’s action in this case, it will
be posted on the United States Court of Federal Claims’ website in accordance with the E-Government
Act of 2002. See 44 U.S.C. § 3501 note (2012) (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 the special master, upon review, agrees that the identified material fits within this definition, it will be
redacted 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-01014-UNJ Document 78 Filed 01/25/21 Page 2 of 7
stipulation reasonable and adopt 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, I award the following
compensation:
A lump sum of $20,000.00 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 § 15(a). Id.
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/Daniel T. Horner
Daniel T. Horner
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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