VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_19-vv-00699 Package ID: USCOURTS-cofc-1_19-vv-00699 Petitioner: Jennifer Dorso Filed: 2019-05-13 Decided: 2022-03-31 Vaccine: influenza Vaccination date: 2017-11-01 Condition: shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 95000 AI-assisted case summary: Jennifer Dorso filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that the influenza vaccine she received on November 1, 2017, caused her to suffer from a shoulder injury related to vaccine administration (SIRVA). She further alleged that her injury lasted for more than six months. The parties filed a stipulation for award, agreeing that Jennifer Dorso should receive compensation. Respondent denied that Petitioner sustained a Table injury within the Table timeframe and denied that the flu vaccine caused her alleged left shoulder injury or any other condition. Nevertheless, the parties stipulated to a joint award. The court adopted the stipulation as the decision of the Court. Jennifer Dorso was awarded a lump sum of $95,000.00 as compensation for all damages. The decision was posted on the court's website, and judgment was entered in accordance with the stipulation. Theory of causation field: unclear Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_19-vv-00699-0 Date issued/filed: 2022-03-31 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 02/17/2022) regarding 59 DECISION Stipulation/Proffer. Signed by Special Master Herbrina Sanders. (rig) Service on parties made. -------------------------------------------------------------------------------- Case 1:19-vv-00699-UNJ Document 66 Filed 03/31/22 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS Filed: February 17, 2022 * * * * * * * * * * * * * * * * * * * * * * * * * JENNIFER DORSO, * No. 19-699V * Petitioner, * Special Master Sanders v. * * SECRETARY OF HEALTH * Stipulation for Award; Influenza AND HUMAN SERVICES, * (“Flu”) Vaccine; Shoulder Injury * Related to Vaccine Administration Respondent. * (“SIRVA”) * * * * * * * * * * * * * * * * * * * * * * * * * Michael A. Baseluos, Baseluos Law Firm, PLLC, San Antonio, TX, for Petitioner. Mark K. Hellie, United States Department of Justice, Washington, DC, for Respondent. DECISION1 On May 13, 2019, Jennifer Dorso (“Petitioner”) filed a petition for compensation pursuant to the National Vaccine Injury Compensation Program.2 42 U.S.C. §§ 300aa-10 to -34 (2012). Petitioner alleged that the influenza (“flu”) vaccine she received on November 1, 2017, caused her to suffer from a shoulder injury related to vaccine administration (“SIRVA”). Pet. at 1, ECF No. 1. Petitioner further alleged that her injury lasted for more than six months. See id. On January 26, 2022, the parties filed a stipulation in which they state that a decision should be entered awarding compensation to Petitioner. Stipulation ¶ 7, ECF No. 58. Respondent “denies that [P]etitioner sustained the onset of a Table injury within the Table timeframe and further denies that the flu vaccine caused [P]etitioner’s alleged left shoulder injury, any other injury, or her current condition.” Id. ¶ 6. Nevertheless, the parties agree to the joint stipulation, attached hereto as Appendix A. See id. ¶ 7. I find the stipulation reasonable and adopt it as the decision of the Court in awarding damages, on the terms set forth therein. The parties stipulate that Petitioner shall receive the following compensation: 1 This Decision shall be posted on the website of the United States Court of Federal Claims, in accordance with the E-Government Act of 2002, Pub. L. No. 107-347, § 205, 116 Stat. 2899, 2913 (codified as amended at 44 U.S.C. § 3501 note (2012)). This means the Decision will be available to anyone with access to the Internet. As provided by Vaccine Rule 18(b), each party has 14 days within which to request redaction “of any information furnished by that party: (1) that is a trade secret or commercial or financial in substance and is privileged or confidential; or (2) that includes medical files or similar files, the disclosure of which would constitute a clearly unwarranted invasion of privacy.” Vaccine Rule 18(b). 2 National Childhood Vaccine Injury Act of 1986, Pub L. No. 99-660, 100 Stat. 3755. Case 1:19-vv-00699-UNJ Document 66 Filed 03/31/22 Page 2 of 7 A lump sum of $95,000.00 in the form of a check payable to [P]etitioner. This amount represents compensation for all damages that would be available under 42 U.S.C. § 300aa-15(a). Id. ¶ 8. I approve 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/Herbrina D. Sanders Herbrina D. Sanders 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 Case 1:19-vv-00699-UNJ Document 66 Filed 03/31/22 Page 3 of 7 Case 1:19-vv-00699-UNJ Document 66 Filed 03/31/22 Page 4 of 7 Case 1:19-vv-00699-UNJ Document 66 Filed 03/31/22 Page 5 of 7 Case 1:19-vv-00699-UNJ Document 66 Filed 03/31/22 Page 6 of 7 Case 1:19-vv-00699-UNJ Document 66 Filed 03/31/22 Page 7 of 7