VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-01624
Package ID: USCOURTS-cofc-1_17-vv-01624
Petitioner: Lisa Guerrero
Filed: 2017-10-27
Decided: 2019-12-26
Vaccine: influenza
Vaccination date: 2015-10-07
Condition: Shoulder Injury Related to Vaccine Administration (SIRVA)
Outcome: compensated
Award amount USD: 123047

AI-assisted case summary:
Lisa Guerrero filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging she suffered a Shoulder Injury Related to Vaccine Administration (SIRVA) after receiving an influenza vaccine on October 7, 2015. She claimed her symptoms began within 48 hours of the vaccination and persisted for more than six months. The respondent denied that petitioner sustained a SIRVA Table injury or that the flu vaccine caused her alleged injury. Despite these denials, the parties filed a joint stipulation agreeing to settle the case and award compensation. The court adopted the stipulation, awarding Lisa Guerrero a lump sum of $123,047.18. This amount represents compensation for all damages available under the Vaccine Act. The stipulation also included a release of all claims against the United States and the Secretary of Health and Human Services related to the alleged injury from the flu vaccine administered on October 7, 2015. The case was resolved via stipulation, with the court approving the agreed-upon damages.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_17-vv-01624-0
Date issued/filed: 2019-12-26
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 11/05/2019) regarding 53 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (ypb) Service on parties made.
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Case 1:17-vv-01624-UNJ Document 57 Filed 12/26/19 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-1624V
Filed: November 5, 2019
UNPUBLISHED
LISA GUERRERO,
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.
Lisa Ann Watts, U.S. Department of Justice, Washington, DC, for respondent.
DECISION ON JOINT STIPULATION1
Corcoran, Chief Special Master:
On October 27, 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
Injury (SIRVA). Petition at 1; Stipulation, filed October 30, 2019, at ¶¶ 4. Petitioner
further alleges that her shoulder and arm symptoms first manifested within 48 hours of
administration of the influenza vaccination and that she experienced residual effects of
her injury for more than six months. Petition at 2, 8-9; Stipulation at ¶¶ 4. “Respondent
denies that petitioner sustained a SIRVA Table injury; denies that the flu vaccine
caused petitioner’s alleged SIRVA, or any other injury; and further denies that
petitioner’s current disabilities are sequelae of a vaccine-related injury. ” Stipulation at ¶
6.
1 I intend 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, I agree that the identified
material fits within this definition, I will redact such material from public access. Because this unpublished
decision contains a reasoned explanation for the action in this case, I am 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-01624-UNJ Document 57 Filed 12/26/19 Page 2 of 7
Nevertheless, on October 30, 2019, the parties filed the attached joint stipulation,
stating that a decision should be entered awarding compensation. I find the stipulation
reasonable and adopt 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 I award the following
compensation:
A lump sum of $123,047.18 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.
I approve 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/Brian H. Corcoran
Brian H. Corcoran
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-01624-UNJ Document 57 Filed 12/26/19 Page 3 of 7
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OPFICE OF SPECIAL MASTERS
LISA GUBRRERO, )
} ECF
Petitioner, )
)
v. ) No. 17-1624V
) Chief Special Master
SECRETARY OF HEALTH AND HUMAN ) Brian H. Corcoran
SERVICES, }
)
Respondent. )
STIPULATION
The parties hereby stipulate to the following matters:
1. Lisa Guerrero ("petitioner") filed a petition for vaccine compensation under the
National Vaccine Injury Compensation Program, 42 U.S.C. § 300aa-l0 to 34 (the "Vaccine
Program"). The petition seeks compensation for injuries allegedly 1·elated to petitioner's receipt
of the influenza ("flu") vaccine, which vaccine is contained in the Vaccine Injury Table (the
"Table"), 42 C.F.R. § 100.J(a).
2. Petitioner received a flu vaccine in her left deltoid on October 7, 2015.
3. The vaccine wns administered within the United States.
4. Petitioner alleges that she suffered a left shoulder injury related to vaccine
administration ("SJRVA"), a Table injury, which was caused by the flu vaccination. Petitioner
further alleges that she suffered the residual effects of these injuries for more than six months.
5. Petitioner represents that there hns been no prior award or settlement of a civil action
for damages on her behalf as a result ·orher condition.

Case 1:17-vv-01624-UNJ Document 57 Filed 12/26/19 Page 4 of 7
6. Respondent denies that petitioner sustained a SIRVA Table injury; denies that the flu
vaccine caused petitioner's alleged SIRVA, or any other injury; and further denies that
petitioner's current disabilities are sequelae of a vaccine-related injury.
7. Maintaiuing their above-stated positions, the parties n~vertbelcss now agree that the
issues between them shall be settled and that a decision should be entered awarding the
compensation described in paragraph 8 of this Stipulation.
8. As soon as practicable after an entry ofj udgment reflecting n decision consistent with
an
the tenns of this Stipulation, and ofter petitioner has filed election to receive compensation
pursuant to 42 U:S.G. § 300aa-2l(a)(l), the Secretary of Health and Hwnan Services will issue
the following vaccine compensation payment:
A lump sum of$123,047.I8 in the fom1 of a check payable to petitioner. This amount
represents compensation for all damages that would oe available under 42 U.S.C.
§ 30Oan-15(a).
9. As soon ns practicable nftcr the entry ofj udgment on entitlement in this case, and after
to
petitioner has filed both a proper and timely election to receive compensation pursuant 42
U.S.C. § 300aa-2l(a)(l), and an application, the parties will submit to further proceedings before
the special master ta award reasonable attorneys• fees and costs incurred in proceeding up01i this
petition.
10. Petitioner and her attorney 1-epresent that they have identified to respondent all
known sources of payment for items or services for which the Program is not primarily liable
under42 U.S.C. § 300aa-15(g), including State compensation programs, insurance policies,
Federal or St.ate health benefits programs (other than Title XIX of the Social Security Act (42
U.S.C.§ 1396 et seq.)}, or entities that provide health services on a prepaid bnsis.
2

Case 1:17-vv-01624-UNJ Document 57 Filed 12/26/19 Page 5 of 7
11. Payment made pUISUnnt to paragraph 8, and any amounts awarded pursuant to
paragraph 9 oflhis Stipulation, will be made in nccordance with 42 U.S.C. § 300aa-15(i}, subject
to the availability of sufficient statutory funds.
12. The parties and their attorneys further agree ond stipulate that, except for any award
for attorneys' fees and litigation costs, and past unreimbursed expenses, the money provided
pursuant to this Stipulation will be used solely for the benefit of petitioner as contemplated by a
strict construction of 42 U.S.C. § 300nn-15(n) nnd (d), and subject to the conditions of 42 U.S.C.
§ 300na-15(g) and (h).
13. fa'return for the payments described in paragraphs 8 and 9, petiriorier, in her
individual capacity, and on behaJf of her heirs, executors, administrators, successors, and assigns,
does forever irrevocably and unconditionally release, acquit and discharge the United States and
the Secretary of Health 11nd Human Services from nny and 1111 actions or causes of action
(including agreements, judgments, claims, damages, loss of services, expenses and aJI demands
of whatever kind or nature) that have been brought, could have been brought, or could be timely
brought in the United States Court of Federal Claims, under the National Vaccine lnjul'y
Compensation Program, 42 U.S.C. § 300aa-l Oct seq., on account of, or in any way growing out
of. nny and all lrnown or unknown, suspected or unsuspected personal injuries to or death of
petitioner resulting from, or alleged to have resulted from, tho flu vaccine administered on
October 7, 2015, as alleged by petitioner in a petition for vaccine compensation filed on October.
27, 2017, in the United States Court of Federal Claims as petition No. 17-1624V.
14. If petitioner should die prior to entry ofj udgment, this agreement shall be voidable
upon proper notice to the Court on behalf of either or both of the parties.
J

Case 1:17-vv-01624-UNJ Document 57 Filed 12/26/19 Page 6 of 7
15. If the special maste,· fails to issue a decision in complete conformity with the tcnns
of this Stipulation or if the United States Court of Federal Claims fails to enter judgment in
confonnity with a decision that is in complete confonnity with the te1ms of this Stipulation, then
the parties' settlement and this Stipulation shall be voidable at the sole discretion of either party.
16. This Stipulation expresses a full and complete negotiated settlement of liability and
damages claimed under the Nat1onal Childhood Vaccine Injury Act of 1986, as amended, except
as otherwise noted in paragraph 9 above. There is absolutely no agreement on the part of U1e
parties J1ereto to make any payment or do any net or thing other than is herein expressly stated
and clearly agreed t0. · The parti~ further agree and understand that the award deecribed in this
Stipulation may reflect 11 compromise of the parties' respective positions as to liability and/or
amount of damages, and further, that a change in the nature of the injury or condition or in the
items of compensation sought, is not grounds to modify or revise this agreement.
17. This Stipulation shall not be constmed as an admission by the United States or the
Secretary of Health and Human Services that the flu vaccine caused petitioner's alleged SIRVA,
or any other injury, or that her current disabilities are sequelae of her alleged vaccine-related
injury.
18. AJI rights and obligations of petitioner hereunder shall apply equally to petitioner's
heirs, ex.ecutors, administrators, successors, and/or assigns.
I
END OF STIPULATION
I
4

Case 1:17-vv-01624-UNJ Document 57 Filed 12/26/19 Page 7 of 7
Respectfully submitted,
PETITIONER:
-~Ji£4)
LI AllIERRERo ~ 7
ATTORNEY OF RECORD FOR AUTHORIZED REPRESENTATIVE
PETITIONER: OF THE ATTORNEY GENERAL:
~ 11- JW,lt._
'J
RONALD C. HOMER, E Q. II. rJ.f (,)(l-) EE.REEVES
CONWAY HOMER, P.C. Director
16 Shawmut Street Torts Branch
Boston, MA 02116 Civil Division
Tel: (617) 695-1990 U. S. Department ofJ ustice
P. 0. Box 146
Benjamin Fmnk)in Station
Washington, DC 20044-0146
AUTHORIZED REPRESENTATIVE OF ATIORNEYOFRECORDFOR
THE SECRETARY OF HEALTH AND RESPONDENT:
HUMAN SERVICES:
* ~
TAMARA OVERBY
Acting Director, Division of Injury Senior Trial Attorney
Compensation Programs Torts Branch
Healthcare Systems Bureau Civil :Oivision
U.S. Department of Health U.S. Department of Justice
and Human Services P.O.Box 146
5600 Fishers Lane Benjamin Franklin Station
Parklawn Building, Mail Stop l lC-26 Washington, DC 20044-0146
Rockville, MD 0857 Tel: (202) 616-4099
DATE:-a...:l;-+-,;;;.:..=......a--z:;..:..'"
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