VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_16-vv-01271
Package ID: USCOURTS-cofc-1_16-vv-01271
Petitioner: Paloma Caldeira
Filed: 2016-10-05
Decided: 2018-02-06
Vaccine: influenza
Vaccination date: 2015-09-22
Condition: left shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 80345

AI-assisted case summary:
Paloma Caldeira filed a petition on October 5, 2016, seeking compensation under the National Vaccine Injury Compensation Program. She alleged that on September 22, 2015, she received an influenza vaccine and subsequently suffered a left shoulder injury related to vaccine administration (SIRVA). Ms. Caldeira further alleged that her shoulder injury and its sequelae lasted for more than six months. The respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused the petitioner's alleged left shoulder pain or any other injury, and denied that her disabilities were a sequela of a vaccine-related injury. Despite the respondent's denial, on September 5, 2017, both parties filed a joint stipulation agreeing to an award of compensation. Chief Special Master Nora Beth Dorsey reviewed the stipulation and found it reasonable, adopting it as the decision of the Court. Pursuant to the stipulation, Paloma Caldeira was awarded a lump sum of $80,345.00, payable to her, as compensation for all items of damages available under the Vaccine Act. Petitioner's counsel was Paul R. Brazil of Muller Brazil, LLP, and respondent's counsel was Glenn Alexander MacLeod of the U.S. Department of Justice.

Theory of causation field:
Petitioner Paloma Caldeira alleged a left shoulder injury related to vaccine administration (SIRVA) following an influenza vaccine received on September 22, 2015, with symptoms lasting more than six months. The respondent denied causation. The parties filed a joint stipulation for compensation, which was adopted by Chief Special Master Nora Beth Dorsey. The public decision does not detail the specific medical mechanism, expert testimony, or the basis for the stipulation. Paloma Caldeira was awarded $80,345.00 as a lump sum. Petitioner's counsel was Paul R. Brazil, and respondent's counsel was Glenn Alexander MacLeod. The decision date was February 6, 2018, based on a stipulation filed September 5, 2017.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_16-vv-01271-0
Date issued/filed: 2018-02-06
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 9/5/2017) regarding 28 DECISION Stipulation/Proffer. Signed by Chief Special Master Nora Beth Dorsey. (rp) Service on parties made.
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Case 1:16-vv-01271-UNJ Document 37 Filed 02/06/18 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 16-1271V
Filed: September 5, 2017
UNPUBLISHED
PALOMA CALDEIRA,
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.
Paul R. Brazil, Muller Brazil, LLP, Dresher, PA, for petitioner.
Glenn Alexander MacLeod, U.S. Department of Justice, Washington, DC, for
respondent.
DECISION ON JOINT STIPULATION1
Dorsey, Chief Special Master:
On October 5, 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 left shoulder injury related to
vaccine administration (“SIRVA”) as a result of an influenza (“flu”) vaccine she received
on September 22, 2015. Petition at 1; Stipulation, filed September 5, 2017, at ¶ 4.
Petitioner further alleges that her shoulder injury and related sequela have lasted for
more than six months. Petition at 3; Stipulation at ¶ 4. “Respondent denies that the flu
vaccine caused petitioner’s alleged left shoulder pain, or any other injury, and further
denies that her current disabilities are a sequela of a vaccine-related injury.” Stipulation
at ¶ 6.
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-01271-UNJ Document 37 Filed 02/06/18 Page 2 of 4
Nevertheless, on September 5, 2017, 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 lump sum of $80,345.00, 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

Case 1:16-vv-01271-UNJ Document 37 Filed 02/06/18 Page 3 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 16-1271V
Filed: September 5, 2017
UNPUBLISHED
PALOMA CALDEIRA,
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.
Paul R. Brazil, Muller Brazil, LLP, Dresher, PA, for petitioner.
Glenn Alexander MacLeod, U.S. Department of Justice, Washington, DC, for
respondent.
DECISION ON JOINT STIPULATION1
Dorsey, Chief Special Master:
On October 5, 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 left shoulder injury related to
vaccine administration (“SIRVA”) as a result of an influenza (“flu”) vaccine she received
on September 22, 2015. Petition at 1; Stipulation, filed September 5, 2017, at ¶ 4.
Petitioner further alleges that her shoulder injury and related sequela have lasted for
more than six months. Petition at 3; Stipulation at ¶ 4. “Respondent denies that the flu
vaccine caused petitioner’s alleged left shoulder pain, or any other injury, and further
denies that her current disabilities are a sequela of a vaccine-related injury.” Stipulation
at ¶ 6.
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-01271-UNJ Document 37 Filed 02/06/18 Page 4 of 4
Nevertheless, on September 5, 2017, 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 lump sum of $80,345.00, 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