VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-00609
Package ID: USCOURTS-cofc-1_17-vv-00609
Petitioner: Evangelina Salinas
Filed: 2017-05-05
Decided: 2019-04-10
Vaccine: pneumococcal conjugate
Vaccination date: 2016-07-22
Condition: cellulitis and sepsis
Outcome: compensated
Award amount USD: 45096

AI-assisted case summary:
Evangelina Salinas filed a petition for compensation under the National Vaccine Injury Compensation Program on May 5, 2017. She alleged that she suffered from sepsis as a result of left arm cellulitis caused by her Prevnar 13 pneumococcal conjugate vaccination administered on July 22, 2016. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on August 31, 2018, conceding entitlement. The respondent agreed that Ms. Salinas had cellulitis in her left arm and sepsis, which were caused-in-fact by the vaccination, and that no other causes for her injury were identified. The respondent also stated that her injuries persisted for more than six months after vaccination. Based on the respondent's concession and the evidence of record, Chief Special Master Nora Beth Dorsey issued a Ruling on Entitlement on September 4, 2018, finding Ms. Salinas entitled to compensation. Subsequently, on February 14, 2019, the respondent filed a Proffer on Award of Compensation. The proffer indicated that Ms. Salinas should be awarded $45,000.00 for pain and suffering and $96.05 to satisfy a Medicaid lien. The petitioner, a competent adult, agreed with the proffered award. On April 10, 2019, Chief Special Master Dorsey issued a Decision Awarding Damages, adopting the terms of the proffer. The award consisted of a lump sum payment of $45,000.00 payable to Evangelina Salinas and a lump sum payment of $96.05, payable jointly to Evangelina Salinas and the North Carolina Division of Medical Assistance to satisfy the Medicaid lien. Ms. Salinas agreed to endorse the latter payment to the North Carolina Division of Medical Assistance. The public decision does not describe the specific onset of symptoms, medical tests performed, or treatments received. The attorneys involved were Nancy Routh Meyers of Ward Black Law for the petitioner and Amy Paula Kokot of the U.S. Department of Justice for the respondent.

Theory of causation field:
Petitioner Evangelina Salinas alleged that a July 22, 2016 Prevnar 13 pneumococcal conjugate vaccination caused left arm cellulitis and subsequent sepsis. The respondent conceded entitlement, agreeing that the cellulitis and sepsis were caused-in-fact by the vaccination and that no other causes were identified. The injuries persisted for more than six months post-vaccination. The case proceeded to an award based on a proffer. The Special Master found entitlement on September 4, 2018, and awarded $45,000.00 for pain and suffering and $96.05 to satisfy a Medicaid lien on April 10, 2019. The theory of causation was considered off-Table. The public text does not name specific medical experts or detail the mechanism of injury. Petitioner was represented by Nancy Routh Meyers and respondent by Amy Paula Kokot. Chief Special Master Nora Beth Dorsey presided over the case.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_17-vv-00609-0
Date issued/filed: 2018-10-23
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 09/04/2018) regarding 39 Ruling on Entitlement (Signed by Chief Special Master Nora Beth Dorsey. )(mpj) Service on parties made.
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Case 1:17-vv-00609-UNJ Document 43 Filed 10/23/18 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-0609V
Filed: September 4, 2018
UNPUBLISHED
EVANGELINA SALINAS,
Special Processing Unit (SPU);
Petitioner, Ruling on Entitlement; Concession;
v. Causation-In-Fact; Pneumococcal
Conjugate Vaccine; Cellulitis and
SECRETARY OF HEALTH AND Sepsis
HUMAN SERVICES,
Respondent.
Nancy Routh Meyers, Ward Black Law, Greensboro, NC, for petitioner.
Amy Paula Kokot, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
Dorsey, Chief Special Master:
On May 5, 2017, 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 from sepsis as a result of left arm cellulitis
caused by her July 22, 2016 Prevnar 13 pneumococcal conjugate vaccination. Petition
at 1-2. The case was assigned to the Special Processing Unit of the Office of Special
Masters.
On August 31, 2018, respondent filed his Rule 4(c) report in which he concedes
that petitioner is entitled to compensation in this case. Respondent’s Rule 4(c) Report
at 1. Specifically, respondent “has concluded that petitioner had cellulitis in her left arm
and sepsis, which were caused-in-fact by the Prevnar vaccination she received on July
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 1:17-vv-00609-UNJ Document 43 Filed 10/23/18 Page 2 of 2
22, 2016.” Id. at 3. Respondent further agrees that he has not identified any other
causes for petitioner’s injury and “based on the medical records outlined above,
petitioner’s injuries and their sequela persisted for more than six months after the
administration of the vaccine.” Id. at 3-4.
In view of respondent’s position and the evidence of record, the
undersigned finds that petitioner is entitled to compensation.
IT IS SO ORDERED.
s/Nora Beth Dorsey
Nora Beth Dorsey
Chief Special Master

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DOCUMENT 2: USCOURTS-cofc-1_17-vv-00609-1
Date issued/filed: 2019-04-10
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 02/14/2019) regarding 52 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey. )(mpj) Service on parties made.
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Case 1:17-vv-00609-UNJ Document 56 Filed 04/10/19 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-0609V
Filed: February 14, 2019
UNPUBLISHED
EVANGELINA SALINAS,
Petitioner,
Special Processing Unit (SPU);
v.
Damages Decision Based on Proffer;
Pneumococcal Conjugate Vaccine;
SECRETARY OF HEALTH AND
Cellulitis; Sepsis
HUMAN SERVICES,
Respondent.
Nancy Routh Meyers, Ward Black Law, Greensboro, NC, for petitioner.
Amy Paula Kokot, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
Dorsey, Chief Special Master:
On May 5, 2017, 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 from sepsis as a result of left arm cellulitis
caused by her July 22, 2016 Prevnar 13 pneumococcal conjugate vaccination. Petition
at 1-2. The case was assigned to the Special Processing Unit of the Office of Special
Masters.
On September 4, 2018, a ruling on entitlement was issued, finding petitioner
entitled to compensation for cellulitis and sepsis. On February 14, 2019, respondent
filed a proffer on award of compensation (“Proffer”) indicating petitioner should be
awarded $45,000.00, as well as $96.05 to satisfy a Medicaid lien. Proffer at 1. In the
Proffer, respondent represented that petitioner agrees with the proffered award. Based
1 The undersigned intends to post this decision on the United States Court of Federal Claims' website.
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, upon review, the
undersigned agrees that the identified material fits within this definition, the undersigned will redact such
material from public access. Because this unpublished decision contains a reasoned explanation for the
action in this case, undersigned is required 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).
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 1:17-vv-00609-UNJ Document 56 Filed 04/10/19 Page 2 of 5
on the record as a whole, the undersigned finds that petitioner is entitled to an award as
stated in the Proffer. Id.
Pursuant to the terms stated in the attached Proffer, the undersigned awards
the following compensation, which represents compensation for all damages that
would be available under § 15(a):
1. A lump sum payment of $45,000.00 in the form of a check payable to
petitioner, Evangelina Salinas; and
2. A lump sum payment of $96.05, representing compensation for satisfaction of
the State of North Carolina Medicaid lien, payable jointly to petitioner and to:
North Carolina Division of Medical Assistance
Office of the Controller
2022 Mail Service Center
Raleigh, NC 27699-2022
Case Number: 296151
Petitioner agrees to endorse this payment to the North Carolina Division of
Medical Assistance.
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 1:17-vv-00609-UNJ Document 56 Filed 04/10/19 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
)
EVANGELINA SALINAS, )
)
Petitioner, )
) No. 17-609V (ECF)
v. ) Chief Special Master Dorsey
)
SECRETARY OF HEALTH AND )
HUMAN SERVICES, )
)
Respondent. )
)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
I. Compensation for Vaccine Injury-Related Items
On August 31, 2018, respondent filed his Rule 4(c) Report conceding entitlement in the
above-captioned case. Chief Special Master Dorsey issued a Ruling on Entitlement on September
4, 2018, finding that petitioner was entitled to vaccine compensation for cellulitis in her left arm
and sepsis. Based on the evidence of record, respondent proffers that petitioner should be awarded
$45,000.00. This amount represents all elements of compensation to which petitioner would be
entitled under 42 U.S.C. § 300aa-15(a). Petitioner agrees.
Respondent further proffers that petitioner, Evangelina Salinas, should be awarded funds to
satisfy a State of North Carolina Medicaid lien in the amount of $96.05, which represents full
satisfaction of any right of subrogation, assignment, claim, lien, or cause of action the State of
North Carolina may have against any individual as a result of any Medicaid payments that the
State of North Carolina has made to or on behalf of Evangelina Salinas from the date of her
eligibility for benefits through the date of judgment in this case as a result of her vaccine-related
injury suffered on or about July 22, 2016, under Title XIX of the Social Security Act. Petitioner
agrees.
1

Case 1:17-vv-00609-UNJ Document 56 Filed 04/10/19 Page 4 of 5
II. Form of the Award
Respondent recommends that the compensation provided to petitioner be made through
two lump sum payments as described below:
(1) A lump sum payment of $45,000.00 in the form of a check payable to petitioner.1
(2) A lump sum payment of $96.05, representing compensation for satisfaction of the
State of North Carolina Medicaid lien, payable jointly to petitioner and to:
North Carolina Division of Medical Assistance
Office of the Controller
2022 Mail Service Center
Raleigh, NC 27699-2022
Case Number: 296151
Petitioner agrees to endorse this payment to the North Carolina Division of Medical Assistance.
Petitioner is a competent adult. Evidence of guardianship is not required in this case.
Respectfully submitted,
JOSEPH H. HUNT
Assistant Attorney General
C. SALVATORE D’ALESSIO
Acting Director
Torts Branch, Civil Division
CATHARINE E. REEVES
Deputy Director
Torts Branch, Civil Division
HEATHER L. PEARLMAN
Assistant Director
Torts Branch, Civil Division
1 Should petitioner die prior to the entry of judgment, respondent reserves the right to move
the Court for appropriate relief. In particular, respondent would oppose any award for future
medical expenses, future pain and suffering, and future lost wages.
2

Case 1:17-vv-00609-UNJ Document 56 Filed 04/10/19 Page 5 of 5
s/Amy P. Kokot
AMY P. KOKOT
Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146
Ben Franklin Station
Washington, DC 20044-0146
Tel: (202) 616-4118
Dated: February 14, 2019
3