VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_19-vv-01011
Package ID: USCOURTS-cofc-1_19-vv-01011
Petitioner: Sandra Botta
Filed: 2019-07-15
Decided: 2021-12-17
Vaccine: influenza
Vaccination date: 2018-09-26
Condition: Shoulder Injury Related to Vaccine Administration (SIRVA)
Outcome: compensated
Award amount USD: 50000

AI-assisted case summary:
Sandra Botta filed a petition for compensation under the National Vaccine Injury Compensation Program on July 15, 2019. Petitioner alleged that she suffered an adverse reaction in her left shoulder after receiving an influenza vaccine on September 26, 2018. Petitioner stated that the vaccine was administered in the United States, that she suffered residual effects of her injury for more than six months, and that neither she nor any other party had filed a civil action or received compensation for her injury. Respondent denied that Petitioner sustained a Shoulder Injury Related to Vaccine Administration (SIRVA) Table injury, denied that the flu vaccine caused Petitioner's alleged shoulder injury or any other injury, and denied that her current condition was a sequelae of a vaccine-related injury. Despite these positions, the parties filed a joint stipulation on November 15, 2021, agreeing to settle the case. Chief Special Master Brian H. Corcoran reviewed the stipulation and found it reasonable, adopting it as his decision. Pursuant to the stipulation, Chief Special Master Corcoran awarded Sandra Botta $50,000.00 in compensation for all damages, to be paid as a lump sum in the form of a check payable to Petitioner. The decision was entered on December 17, 2021. Petitioner was represented by Andrew Donald Downing of Van Cott & Talamante, PLLC, and Respondent was represented by Ronalda Elnetta Kosh of the U.S. Department of Justice. The public decision does not describe the specific onset of symptoms, medical examinations, diagnostic tests, or treatments. The specific mechanism of injury is not detailed in the public decision.

Theory of causation field:
Petitioner Sandra Botta received an influenza vaccine on September 26, 2018, and alleged a Shoulder Injury Related to Vaccine Administration (SIRVA) within the Table timeframe. Respondent denied a SIRVA Table injury and that the vaccine caused the alleged injury. The parties reached a joint stipulation for settlement. Chief Special Master Brian H. Corcoran adopted the stipulation, awarding Petitioner $50,000.00 for all damages. The stipulation does not detail specific medical experts, clinical findings, or a precise mechanism of injury, but acknowledges the injury is alleged to be a SIRVA, which is a condition listed in the Vaccine Injury Table. The award represents a compromise of the parties' positions. Attorneys for Petitioner were Andrew Donald Downing and Heather L. Pearlman of Van Cott & Talamante, PLLC. Attorney for Respondent was Ronalda Elnetta Kosh of the U.S. Department of Justice. The decision date was December 17, 2021.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_19-vv-01011-0
Date issued/filed: 2021-12-17
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 11/16/2021) regarding 35 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:19-vv-01011-UNJ Document 41 Filed 12/17/21 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 19-1011V
UNPUBLISHED
SANDRA BOTTA, Chief Special Master Corcoran
Petitioner, Filed: November 16, 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.
Ronalda Elnetta Kosh, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION ON JOINT STIPULATION1
On July 15, 2019, Sandra Botta 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 an adverse reaction in her left shoulder after
receiving an influenza vaccine on September 26, 2018. Petition at 1, ¶¶ 1, 3; Stipulation,
filed at Nov. 15, 2021, ¶¶ 1-2, 4. Petitioner further alleges that she received the vaccine
in the United States, that she suffered the residual effects of her injury for more than six
months, and that neither she nor any other party has filed a civil action or received
compensation for her injury. Petition at ¶¶ 1, 3, 11, 13; Stipulation at ¶¶ 3-5. “Respondent
denies that [P]etitioner sustained a SIRVA Table injury; denies that the flu vaccine caused
[P]etitioner’s alleged shoulder injury, or any other injury; and denies that her current
condition is a sequelae 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 section references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. §
300aa (2012).

Case 1:19-vv-01011-UNJ Document 41 Filed 12/17/21 Page 2 of 7
Nevertheless, on November 15, 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 $50,000.00 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 1:19-vv-01011-UNJ Document 41 Filed 12/17/21 Page 3 of 7
IN THE UNITED STA TES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
)
SANDRA BOTTA, )
)
)
Petitioner, )
) No.19-lOllV
v. ) Chief Special Master Corcoran
) ECF
SECRETARY OF HEALTH AND )
HUMAN SERVICES, )
)
Respondent. )
STIPULATION
The parties hereby stipulate to the following matters:
1. Sandra Botta ("petitioner") filed a petition for vaccine compensation under the
National Vaccine Injury Compensation Program, 42 U.S.C. § 300aa-10 to 34 (the "Vaccine
Program"). The petition seeks compensation for an injury allegedly related to petitioner's receipt
of the influema ("Flu") vaccine, which is contained in the Vaccine Injury Table (the "Table"), 42
C.F.R. § 100.3(a).
2. Petitioner received the flu vaccine on September 26, 2018.
3. The vaccine was administered in the United States.
4. Petitioner alleges that as a result of receiving the flu vaccine, she suffered a Shoulder
Injury Related to Vaccine Administration ("SIRVA") within the Table timeframe. She further
alleges that she suffered the residual effects of her alleged injury for more than six months.
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Case 1:19-vv-01011-UNJ Document 41 Filed 12/17/21 Page 4 of 7
5. Petitioner represents that there has been no prior award or settlement of a civil action
for damages as a result of her alleged condition.
6. Respondent denies that petitioner sustained a SIRVA Table injury; denies that the flu
vaccine caused petitioner's alleged shoulder injury, or any other injury; and denies that her
current condition is a sequelae of a vaccine-related injury.
7. Maintaining their above-stated positions, the parties nevertheless 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 of judgment reflecting a decision consistent with
the terms of this Stipulation, and after petitioner has filed an election to receive compensation
pursuant to 42 U.S.C. § 300aa-21 (a)(I ), the Secretary of Health and Human Services will issue
the following vaccine compensation payment:
A lump sum of $50,000.00, in the form of a check payable to petitioner, which
represents compensation for all damages that would be available under 42 U.S.C. §
300aa-15(a).
9. As soon as practicable after the entry of judgment on entitlement in this case, and
after petitioner has filed both a proper and timely election to receive compensation pursuant to
42 U.S.C. § 300aa-21(a)(l) and an application, the parties will submit to further proceedings
before the special master to award reasonable attorneys' fees and costs incurred in proceeding
upon this petition.
10. Petitioner and her attorney represent that they have identified to respondent all known
sources of payment for items or services for which the Program is not primarily liable under 42
U.S.C. § 300aa-l5(g), including State compensation programs, insurance policies, Federal or State
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Case 1:19-vv-01011-UNJ Document 41 Filed 12/17/21 Page 5 of 7
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 pre-paid basis.
11. Payment made pursuant to paragraph 8 of this Stipulation, and any amount awarded
pursuant to paragraph 9, will be made in accordance with 42 U.S.C. § 300aa-15(i), subject to the
availability of sufficient statutory funds.
12. The parties and their attorneys further agree and stipulate that, except for any award
for attorneys' fees and litigation costs, and past unreimbursable 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. § 300aa-15(a) and (d), and subject to the conditions of 42 U.S.C.
§ 300aa-15(g) and (h).
13. In return for the payments described in paragraph 8, and any amount awarded
pursuant to paragraph 9, petitioner, in her individua I capacity, and on behalf of her heirs,
executors, administrators, successors, or assigns, does forever irrevocably and unconditionally
release, acquit and discharge the United States and the Secretary of Health and Human Services
from any and all actions or causes of action (including agreements, judgments, claims, damages,
loss of services, expenses and all demands of whatever kind or nature) that have been brought,
could have been brought, or could be timely brought in the Court of Federal Claims, under the
National Vaccine Injury Compensation Program, 42 U.S.C. § 300aa-l0 et seq., on account of, or
in any way growing out of, any and all known or unknown, suspected or unsuspected personal
injuries to or death of petitioner resulting from, or alleged to have resulted from the flu vaccine
administered on September 26, 2018, as alleged in a Petition filed on July 15, 2019, in the
United States Court of Federal Claims as petition No. 19-101 lV.
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Case 1:19-vv-01011-UNJ Document 41 Filed 12/17/21 Page 6 of 7
14. If petitioner should die prior to entry of judgment, this agreement shall be voidable
upon proper notice of the Court on behalf of either or both of the parties.
15. If the special master fails to issue a decision in complete conformity with the terms
of this Stipulation or if the United States Court of Federal Claims fails to enter judgment in
conformity with a decision that is in complete conformity with the terms 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 National 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 the
parties hereto to make any payment or do any act or thing other than is herein expressly stated
and clearly agreed to. The parties further agree and understand that the award described in this
Stipulation may reflect a 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 construed as an admission by the United States or the
Secretary of Health and Human Services that the flu vaccine caused petitioner's alleged shoulder
lllJUfY, or any other injury.
18. All rights and obligations of petitioner hereunder shall apply equally to petitioner's
heirs, executors, administrators, successors, and/or assigns.
END OF STIPULATION
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Case 1:19-vv-01011-UNJ Document 41 Filed 12/17/21 Page 7 of 7
Respectfully submitted,
PETIJIONER:
_I /.
SA
ATTORNEY OF RECORD FOR AUTHORIZED REPRESENTATIVE
PETITIONER: OF THE ATTORNEY GENERAL:
~c.b.V\:v.,A\i Pe~
HEATHER L. PEARLMAN
Van Cott & Talamante, P Deputy Director
3030 N. Third Street, Suite 790 T011s Branch
Phoenix, AZ 85012 Civil Division
Phone: (602) 257-9160 U.S. Department of Justice
Email: adowning@vancotttalamante.com P.O. Box 146
Benjamin Franklin Station
Washington, DC 20044-0146
AUTHORIZED REPRESENTATIVE ATTORNEY OF RECORD FOR
OF THE SECRETARY OF HEAL TH RESPONDENT:
AND HUMAN SERVICES:
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TAMARA OVERBY, M.D. (,) RONALDA E. KOSH
Acting Director, Division of Injury Trial Attorney
Compensation Programs Torts Branch
Health Systems Bureau Civil Division
Heahh Resources and Services U.S. Department of Justice
Administration P.O. Box 146
U.S. Department of Heahh Benjamin Franklin Station
and Human Services Washington, DC 20044-0146
5600 Fishers Lane, 08N I 46B ronalda. kosh@usdoj.gov
Rockville, MD 20857 (202) 616-4476
II
Dated: II S } Z()2, I
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