VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_18-vv-01352
Package ID: USCOURTS-cofc-1_18-vv-01352
Petitioner: Pauline Martinez
Filed: 2018-09-04
Decided: 2022-03-30
Vaccine: pneumococcal conjugate
Vaccination date: 2015-09-11
Condition: shoulder injury related to vaccine administration
Outcome: compensated
Award amount USD: 62500

AI-assisted case summary:
Pauline Martinez filed a petition on September 4, 2018, alleging that a pneumococcal conjugate (PCV13) vaccine administered on September 11, 2015, caused her to suffer a shoulder injury related to vaccine administration (SIRVA). The respondent, the Secretary of Health and Human Services, denied that Ms. Martinez sustained a Table injury within the Table timeframe or that the vaccine caused her condition. Despite these denials, the parties reached a stipulation recommending an award of compensation. Special Master Nora Beth Dorsey found the stipulation to be reasonable and adopted it as the decision of the Court. Ms. Martinez was awarded a lump sum of $62,500.00, representing compensation for all damages available under the National Vaccine Injury Compensation Program. The judgment was entered in accordance with the terms of the stipulation. Petitioner counsel was Michael Adly Baseluos of Baseluos Law Firm, PLLC. Respondent counsel was Mark Kim Hellie of the U.S. Department of Justice. The public decision does not describe the specific onset, symptoms, medical tests, treatments, or expert witnesses involved in this case.

Theory of causation field:
Petitioner Pauline Martinez alleged that a pneumococcal conjugate (PCV13) vaccine administered on September 11, 2015, caused a shoulder injury related to vaccine administration (SIRVA). Respondent denied a Table injury within the Table timeframe and that the vaccine caused the condition. The parties stipulated to an award of $62,500.00. Special Master Nora Beth Dorsey adopted the stipulation. The public text does not detail the specific mechanism of injury, expert testimony, or the evidence considered beyond the stipulation. Petitioner was represented by Michael Adly Baseluos, and respondent by Mark Kim Hellie.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_18-vv-01352-0
Date issued/filed: 2022-03-30
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 3/8/2022) regarding 82 DECISION Stipulation. Signed by Special Master Nora Beth Dorsey. (mjf) Service on parties made.
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Case 1:18-vv-01352-UNJ Document 89 Filed 03/30/22 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
Filed: March 8, 2022
* * * * * * * * * * * * * * * * * * *
PAULINE MARTINEZ, * UNPUBLISHED
*
Petitioner, * No. 18-1352V
*
v. * Special Master Dorsey
*
SECRETARY OF HEALTH * Decision Based on Stipulation;
AND HUMAN SERVICES, * Pneumococcal Conjugate (“PCV13”)
* Vaccine; Shoulder Injury Related to Vaccine
Respondent. * Administration (“SIRVA”).
*
* * * * * * * * * * * * * * * * * * *
Michael Adly Baseluos, Baseluos Law Firm, PLLC, San Antonio, TX, for petitioner.
Mark Kim Hellie, U.S. Department of Justice, Washington, DC, for respondent.
DECISION BASED ON STIPULATION1
On September 4, 2018, Pauline Martinez (“petitioner”) filed a petition in the National
Vaccine Injury Program2 alleging that as the result of a pneumococcal conjugate (“PCV13”)
vaccine administered on September 11, 2015, she suffered a shoulder injury related to vaccine
administration (“SIRVA”). Petition at 1 (ECF No. 1).
On March 8, 2022, the parties filed a stipulation recommending an award of
compensation to petitioner. Stipulation (ECF No. 81). Respondent denies that petitioner
sustained the onset of a SIRVA Table injury within the Table timeframe and further denies that
1 Because this Decision contains a reasoned explanation for the action in this case, the
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). 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.
2 The National Vaccine Injury Compensation Program is set forth in Part 2 of the National
Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755, codified as amended,
42 U.S.C. §§ 300aa-10 to -34 (2012) (“Vaccine Act” or “the Act”). All citations in this Decision
to individual sections of the Vaccine Act are to 42 U.S.C.A. § 300aa.
1

Case 1:18-vv-01352-UNJ Document 89 Filed 03/30/22 Page 2 of 7
the PCV13 vaccine cause petitioner’s alleged left shoulder injury, any other injury, or her current
condition. Nevertheless, the parties agree to the joint stipulation, attached hereto as Appendix A.
The undersigned finds the stipulation reasonable and adopts it as the decision of the Court in
awarding damages, on the terms set forth therein.
The parties stipulate that petitioners shall receive the following compensation:
(1) A lump sum of $62,500.00 in the form of a check payable to petitioner;
This amount represents compensation for all damages that would be available under 42
U.S.C. § 300aa-15(a). Stipulation at ¶ 8.
The undersigned approves the requested amount for petitioner’s compensation.
Accordingly, an award should be made consistent with the stipulation.
In the absence of a motion for review filed pursuant to RCFC Appendix B, the Clerk of
Court SHALL ENTER JUDGMENT in accordance with the terms of the parties’ stipulation.3
IT IS SO ORDERED.
s/Nora B. Dorsey
Nora B. Dorsey
Special Master
3 Pursuant to Vaccine Rule 11(a), entry of judgment is expedited by the parties’ joint filing of
notice renouncing the right to seek review.
2

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