VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-01003
Package ID: USCOURTS-cofc-1_17-vv-01003
Petitioner: Romana Estes
Filed: 2017-07-25
Decided: 2019-01-09
Vaccine: influenza
Vaccination date: 2015-11-06
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 41500

AI-assisted case summary:
Romana Estes filed a petition for compensation under the National Vaccine Injury Compensation Program on July 25, 2017, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) after receiving a flu vaccine on November 6, 2015. She stated the vaccine was administered in the United States, that her injury had residual effects for more than six months, and that she had not received any prior award or settlement for this injury. Respondent denied that the flu vaccine caused her alleged shoulder injury and residual effects, or any other injury. Despite the denial, the parties filed a joint stipulation for compensation. The Chief Special Master found the stipulation reasonable and awarded Romana Estes a lump sum of $41,500.00, representing compensation for all items of damages available under the Vaccine Act. The award was to be paid by check to petitioner. The clerk of the court was directed to enter judgment in accordance with this decision.

Theory of causation field:
unclear

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_17-vv-01003-0
Date issued/filed: 2019-01-09
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 11/20/2018) regarding 36 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey. )(mpj) Service on parties made.
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Case 1:17-vv-01003-UNJ Document 40 Filed 01/09/19 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-1003V
Filed: November 20, 2018
UNPUBLISHED
ROMANA ESTES,
Petitioner,
Special Processing Unit (SPU); Joint
v.
Stipulation on Damages; Influenza
(Flu) Vaccine; Shoulder Injury
SECRETARY OF HEALTH AND
Related to Vaccine Administration
HUMAN SERVICES,
(SIRVA)
Respondent.
Ronald Craig Homer, Conway, Homer, P.C., Boston, MA, for petitioner.
Jennifer Leigh Reynaud, U.S. Department of Justice, Washington, DC, for respondent.
DECISION ON JOINT STIPULATION1
Dorsey, Chief Special Master:
On July 25, 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 a shoulder injury related to vaccine
administration (“SIRVA”) as a result of a flu vaccine received on November 6, 2015.
Petition at 1; Stipulation, filed November 19, 2018, at ¶¶ 1-4. Petitioner further alleges
that the vaccine was administered in the United States, that she suffered the residual
effects of her injury for more than six months, and that there has been no prior award or
settlement of a civil action for damages on her behalf as a result of her alleged injury.
Petition at 8-9; Stipulation at ¶¶ 2-5. “Respondent denies that petitioner’s alleged
shoulder injury and residual effects were caused by the flu vaccine. Respondent further
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-01003-UNJ Document 40 Filed 01/09/19 Page 2 of 7
denies that the flu vaccine caused petitioner any other injury or her current condition.”
Stipulation at ¶ 6.
Nevertheless, on November 19, 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 lump sum of $41,500.00 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.
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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