VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_16-vv-01395
Package ID: USCOURTS-cofc-1_16-vv-01395
Petitioner: Margaret Morelli
Filed: 2017-06-22
Decided: 2018-04-11
Vaccine: influenza
Vaccination date: 2015-10-26
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 81862

AI-assisted case summary:
Margaret Morelli filed a petition for compensation under the National Vaccine Injury Compensation Program on June 22, 2017. She alleged that she suffered a shoulder injury related to vaccine administration (SIRVA) as a result of an influenza vaccine she received on October 26, 2015, and that she experienced residual effects of this injury for more than six months. The respondent denied that the flu vaccine caused petitioner's shoulder injury or any other injury. Despite the denial, the parties filed a joint stipulation agreeing that a decision should be entered awarding compensation. Chief Special Master Nora Beth Dorsey adopted the stipulation as the decision of the Court. The award consisted of a lump sum of $81,862.88, payable to the petitioner, representing compensation for all items of damages available under the Vaccine Act. The decision was based on the joint stipulation between the parties. Petitioner was represented by Jeffrey S. Pop, and respondent was represented by Claudia Barnes Gangi.

Theory of causation field:
Petitioner Margaret Morelli alleged that an influenza vaccine administered on October 26, 2015, caused a shoulder injury related to vaccine administration (SIRVA) with residual effects lasting more than six months. 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 evidence presented regarding causation. The award was a lump sum of $81,862.88. The decision date was April 11, 2018. Petitioner's counsel was Jeffrey S. Pop, and respondent's counsel was Claudia Barnes Gangi.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_16-vv-01395-1
Date issued/filed: 2018-04-11
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 06/22/2017) regarding 18 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Service on parties made.
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Case 1:16-vv-01395-UNJ Document 29 Filed 04/11/18 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 16-1395V
Filed: June 22, 2017
UNPUBLISHED
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
MARGARET MORELLI, *
*
Petitioner, * Joint Stipulation on Damages;
v. * Influenza (Flu) Vaccine; Shoulder
* Injury Related to Vaccine Administration
SECRETARY OF HEALTH * (SIRVA); Special Processing Unit
AND HUMAN SERVICES, * (SPU)
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Jeffrey S. Pop, Attorney at Law, Beverly Hills, CA, for petitioner.
Claudia Barnes Gangi, U.S. Department of Justice, Washington, DC, for respondent.
DECISION ON JOINT STIPULATION1
Dorsey, Chief Special Master:
On October 25, 2016, Margaret Morelli (“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 she received on October 26, 2015. Petition at 1; Stipulation, filed June 22,
2017, at ¶ 4. Petitioner further alleges that she experienced the residual effects of this
injury for more than six months. Petition at 4; Stipulation at ¶ 4. “Respondent denies
that the flu vaccine caused petitioner’s shoulder injury, any other injury, or her current
disabilities.” Stipulation at ¶ 6.
Nevertheless, on June 22, 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-01395-UNJ Document 29 Filed 04/11/18 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 $81,862.88, 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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