VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_18-vv-01777 Package ID: USCOURTS-cofc-1_18-vv-01777 Petitioner: Terri Ortegon Filed: 2021-01-12 Decided: 2021-02-26 Vaccine: influenza Vaccination date: 2016-10-14 Condition: right shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 55000 AI-assisted case summary: Terri Ortegon filed a petition for compensation under the National Vaccine Injury Compensation Program on January 12, 2021, alleging she suffered a right shoulder injury related to vaccine administration (SIRVA) from an influenza vaccine received on or about October 14, 2016. She stated the vaccine was administered in the United States, the injury effects lasted over six months, and she had no prior award or settlement for this condition. Respondent denied that the SIRVA onset was within the Table timeframe, denied the flu vaccine caused her injury, and denied her current disabilities were a sequela of a vaccine-related injury. Despite these denials, the parties filed a joint stipulation on January 12, 2021, agreeing that compensation should be awarded. Chief Special Master Corcoran found the stipulation reasonable and awarded Terri Ortegon a lump sum of $55,000.00 as compensation for all items of damages. Theory of causation field: unclear Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_18-vv-01777-0 Date issued/filed: 2021-02-26 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 01/12/2021) regarding 40 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made. -------------------------------------------------------------------------------- Case 1:18-vv-01777-UNJ Document 48 Filed 02/26/21 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 18-1777V UNPUBLISHED TERRI ORTEGON, Chief Special Master Corcoran Petitioner, Filed: January 12, 2021 v. Special Processing Unit (SPU); Joint SECRETARY OF HEALTH AND Stipulation on Damages; Influenza HUMAN SERVICES, (Flu) Vaccine; Shoulder Injury Related to Vaccine Administration Respondent. (SIRVA) Andrew Donald Downing, Van Cott & Talamante, PLLC, Phoenix, AZ , for petitioner. Mallori Browne Openchowski, U.S. Department of Justice, Washington, DC, for respondent. DECISION ON JOINT STIPULATION1 On November 16, 2018, Terri Ortegon 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 right shoulder injury related to vaccine administration (“SIRVA”) as a result of an influenza (“flu”) vaccine received on or about October 14, 2016. Petition at 1-4; Stipulation, filed January 12, 2021, ¶¶ 2-4. Petitioner further alleges that the vaccine was administered within the United States, she suffered the residual effects of the injury for more than six months, and there has been no prior award or settlement of a civil action for damages on her behalf as a result of her condition. Petition at 1-4; Stipulation at ¶¶ 3-5. “Respondent denies that petitioner suffered the onset of her alleged SIRVA within the Table timeframe; denies that the flu vaccine caused petitioner’s alleged shoulder injury or any other injury and further denies that her current disabilities are a sequela of a vaccine-related injury.” Stipulation at ¶ 6. 1 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). 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. 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 1:18-vv-01777-UNJ Document 48 Filed 02/26/21 Page 2 of 7 Nevertheless, on January 12, 2021, 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 my decision awarding damages, on the terms set forth therein. Pursuant to the terms stated in the attached Stipulation, I award the following compensation: A lump sum of $55,000.00 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 Section 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 1:18-vv-01777-UNJ Document 48 Filed 02/26/21 Page 3 of 7 Case 1:18-vv-01777-UNJ Document 48 Filed 02/26/21 Page 4 of 7 Case 1:18-vv-01777-UNJ Document 48 Filed 02/26/21 Page 5 of 7 Case 1:18-vv-01777-UNJ Document 48 Filed 02/26/21 Page 6 of 7 Case 1:18-vv-01777-UNJ Document 48 Filed 02/26/21 Page 7 of 7