VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-01547
Package ID: USCOURTS-cofc-1_17-vv-01547
Petitioner: Melanie Machado
Filed: 2017-10-17
Decided: 2019-02-27
Vaccine: influenza
Vaccination date: 2016-11-28
Condition: Shoulder Injury Related to Vaccine Administration (SIRVA)
Outcome: compensated
Award amount USD: 30000

AI-assisted case summary:
Melanie Machado filed a petition for compensation under the National Vaccine Injury Compensation Program on October 17, 2017, alleging she suffered Shoulder Injury Related to Vaccine Administration (SIRVA) as a result of an influenza vaccination received on November 28, 2016. Petitioner stated the vaccine was administered in the United States, her injury had residual effects for more than six months, and she had no prior award or settlement for this injury. The respondent denied that the flu vaccine caused her alleged SIRVA or any other injury, and further denied that her current disabilities were a sequela of a vaccine-related injury. Nevertheless, on January 23, 2019, the 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. Pursuant to the stipulation, Melanie Machado was awarded a lump sum of $30,000.00 as compensation for all items of damages. Petitioner was represented by Bruce William Slane, and respondent was represented by Mallori Browne Openchowski. The decision was issued on February 27, 2019.

Theory of causation field:
Petitioner Melanie Machado alleged Shoulder Injury Related to Vaccine Administration (SIRVA) following an influenza vaccination on November 28, 2016. The respondent denied causation. The parties filed a joint stipulation for compensation, which was adopted by Chief Special Master Nora Beth Dorsey. Petitioner was awarded $30,000.00. The public decision does not describe the specific theory of causation, medical experts, or the mechanism of injury. Petitioner was represented by Bruce William Slane, and respondent was represented by Mallori Browne Openchowski. The decision date was February 27, 2019.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_17-vv-01547-0
Date issued/filed: 2019-02-27
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 01/24/2019) regarding 34 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey. )(mpj) Service on parties made.
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Case 1:17-vv-01547-UNJ Document 40 Filed 02/27/19 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-1547V
Filed: January 24, 2019
UNPUBLISHED
MELANIE MACHADO,
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.
Bruce William Slane, Law Office of Bruce W. Slane, PC, White Plains, NY, for petitioner.
Mallori Browne Openchowski, U.S. Department of Justice, Washington, DC, for
respondent.
DECISION ON JOINT STIPULATION1
Dorsey, Chief Special Master:
On October 17, 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 Shoulder Injury Related to Vaccine
Administration (“SIRVA”) as a result of her November 28, 2016 influenza (“flu”)
vaccination. Petition at 1; Stipulation, filed January 23, 2019, at ¶¶ 2, 4. Petitioner
further alleges that the vaccine was administered within 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 on her behalf as a result of her injury.
Stipulation at ¶¶ 3, 5; Petition at ¶¶ 2, 23-25. “Respondent denies that the flu vaccine
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-01547-UNJ Document 40 Filed 02/27/19 Page 2 of 7
caused petitioner’s alleged SIRVA or any other injury and further denies that her current
disabilities are a sequela of a vaccine-related injury.” Stipulation at ¶ 6.
Nevertheless, on January 23, 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 $30,000.00 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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