VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_19-vv-00731
Package ID: USCOURTS-cofc-1_19-vv-00731
Petitioner: Michelle Gonzales
Filed: 2019-05-17
Decided: 2025-04-22
Vaccine: influenza
Vaccination date: 2017-10-16
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 21243

AI-assisted case summary:
Michelle Gonzales filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she suffered a shoulder injury related to vaccine administration (SIRVA) as a result of her October 16, 2017 influenza vaccination. She further alleged that she has experienced the residual effects of her condition for more than six months, that there has been no prior award or settlement of a civil action for damages, and that her vaccine was administered in the United States. Respondent denied that petitioner sustained a SIRVA Table injury, denied that the flu vaccine caused her alleged shoulder injury or any other injury or condition, and denied that her current condition is a sequelae of a vaccine-related injury. Nevertheless, on March 26, 2025, the parties filed a joint stipulation agreeing that compensation should be awarded. The Special Master found the stipulation reasonable and adopted it as the decision of the Court. Pursuant to the stipulation, Michelle Gonzales was awarded a lump sum of $20,000.00 for pain and suffering and $1,243.14 to reimburse a Medicaid lien for services rendered to her by the State of California. This award represents compensation for all items of damages available under the Vaccine Act. The case was decided based on a joint stipulation for compensation.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_19-vv-00731-0
Date issued/filed: 2025-04-22
Pages: 8
Docket text: PUBLIC DECISION (Originally filed: 03/26/2025) regarding 49 DECISION Stipulation/Proffer. Signed by Special Master Daniel T. Horner. (cd) Service on parties made.
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Case 1:19-vv-00731-UNJ Document 53 Filed 04/22/25 Page 1 of 8
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 19-731V
Filed: March 26, 2025
MICHELLE GONZALES,
Petitioner,
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Ronald Craig Homer, Conway Homer, P.C., Boston, MA, for petitioner.
Zoe Wade, U.S. Department of Justice, Washington, DC, for respondent.
DECISION ON JOINT STIPULATION1
On May 17, 2019, 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 a shoulder injury related to vaccine
administration (“SIRVA”) as a result of her October 16, 2017 influenza (“flu”)
vaccination. Petition at 1; Stipulation, filed March 26, 2025, at ¶¶ 2, 4. Petitioner further
alleges that she has experienced the residual effects of her condition for more than six
months, that there has been no prior award or settlement of a civil action for damages
as a result of her condition, and that her vaccine was administered in the United States.
Petition at 2; Stipulation at ¶¶ 3-5. “Respondent denies that petitioner sustained a
SIRVA Table injury; denies that the flu vaccine caused her alleged shoulder injury or
any other injury or condition; and denies that her current condition is a sequelae of a
vaccine-related injury. ” Stipulation at ¶ 6.
1 Because this document contains a reasoned explanation for the action taken in this case, it must be
made publicly accessible and will be posted on the United States Court of Federal Claims' website, and/or
at https://www.govinfo.gov/app/collection/uscourts/national/cofc, in accordance with the E-Government
Act of 2002. 44 U.S.C. § 3501 note (2018) (Federal Management and Promotion of Electronic
Government Services). This means the document 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 1:19-vv-00731-UNJ Document 53 Filed 04/22/25 Page 2 of 8
Nevertheless, on March 26, 2025, 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, I award the following
compensation:
• A lump sum of $20,000.00 to be paid through an ACH deposit to
petitioner’s counsel’s IOLTA account for prompt disbursement to
petitioner; and
• A lump sum of $1,243.14, representing reimbursement of a Medicaid
lien for services rendered to petitioner by the State of California, in
the form of a check payable jointly to petitioner and the California
Department of Health Care Services:
Department of Health Care Services
Recovery Section, MS 4720
P.O. Box 997425
Sacramento, CA 95899-7425
DHCS Acct. No. C91802551D-001T
Petitioner agrees to endorse this check to the Department of Health Care Services.
Stipulation at ¶ 8. This amount represents compensation for all items of damages that
would be available under § 300aa-15(a). Id.
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/Daniel T. Horner
Daniel T. Horner
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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