VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-01488
Package ID: USCOURTS-cofc-1_17-vv-01488
Petitioner: Hector Baez
Filed: 2019-01-28
Decided: 2019-03-05
Vaccine: influenza
Vaccination date: 2016-10-10
Condition: left shoulder injury
Outcome: compensated
Award amount USD: 45000

AI-assisted case summary:
Hector Baez filed a petition for compensation under the National Vaccine Injury Compensation Program on October 10, 2017, alleging a left shoulder injury causally related to an influenza vaccination received on October 10, 2016. Mr. Baez stated that the vaccination occurred in the United States, that he suffered residual effects for more than six months, and that no civil action had been filed nor other compensation received for the alleged vaccine-caused injury. The respondent denied that the flu vaccine caused Mr. Baez's alleged Shoulder Injury Related to Vaccine Administration (SIRVA). However, on January 28, 2019, both parties filed a joint stipulation agreeing that compensation should be awarded. Chief Special Master Nora Beth Dorsey found the stipulation reasonable and adopted it as the decision of the Court. Mr. Baez was awarded a lump sum of $45,000.00, payable to him, representing compensation for all items of damages available under the Vaccine Act. Petitioner was represented by Jessica Anne Olins of Maglio Christopher & Toale, PA, and respondent was represented by Julia Marter Collison of the U.S. Department of Justice. The public decision does not describe the specific onset of symptoms, medical tests, treatments, or expert witnesses.

Theory of causation field:
Petitioner Hector Baez alleged a left shoulder injury causally related to an influenza vaccination received on October 10, 2016. The respondent denied causation. The parties filed a joint stipulation agreeing to an award. The public text does not specify the theory of causation, the mechanism of injury, or name any experts. The Special Master adopted the stipulation, awarding $45,000.00 as compensation for all damages. The decision was issued by Chief Special Master Nora Beth Dorsey on March 5, 2019, based on a stipulation filed January 28, 2019. Petitioner's counsel was Jessica Anne Olins, and respondent's counsel was Julia Marter Collison.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_17-vv-01488-0
Date issued/filed: 2019-03-05
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 01/28/2019) 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-01488-UNJ Document 43 Filed 03/05/19 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-1488V
Filed: January 28, 2019
UNPUBLISHED
HECTOR BAEZ,
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.
Jessica Anne Olins, Maglio Christopher & Toale, PA, Washington, DC, for petitioner.
Julia Marter Collison, U.S. Department of Justice, Washington, DC, for respondent.
DECISION ON JOINT STIPULATION1
Dorsey, Chief Special Master:
On October 10, 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 he suffered a left shoulder injury causally related
to an adverse reaction to the influenza vaccination he received on October 10, 2016.
Petition at ¶¶ 1, 10; Stipulation, filed Jan. 28, 2019, at ¶¶ 1-2, 4. Petitioner further
alleges that he received the vaccination alleged as causal in the United States, suffered
the residual effects of his injury for more than six months, and that neither he nor any
other party has filed a civil action or received compensation for his injury alleged as
vaccine caused. Petition at ¶¶ 1, 9, 11, 14-15; Stipulation at ¶¶ 3-5. “Respondent
denies that the flu vaccine caused Mr. Baez’s alleged SIRVA.” Stipulation at ¶ 6.
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-01488-UNJ Document 43 Filed 03/05/19 Page 2 of 7
Nevertheless, on January 28, 2019, 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 $45,000.00 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.
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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