VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_19-vv-02013
Package ID: USCOURTS-cofc-1_19-vv-02013
Petitioner: Rosita Smith
Filed: 2021-10-27
Decided: 2021-12-01
Vaccine: influenza
Vaccination date: 2017-12-15
Condition: left shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 59000

AI-assisted case summary:
Rosita Smith filed a petition for compensation under the National Vaccine Injury Compensation Program alleging that she suffered a left shoulder injury related to vaccine administration (SIRVA) as a result of receiving an influenza vaccine on December 15, 2017. She further alleged that she experienced the residual effects of this condition for more than six months. Respondent denied that Ms. Smith sustained a SIRVA Table injury, denied that the vaccine caused her alleged shoulder injury or any other injury, and denied that her current condition is a sequela of a vaccine-related injury. Nevertheless, on October 26, 2021, the parties filed a joint stipulation agreeing that a decision should be entered awarding compensation. Chief Special Master Corcoran found the stipulation reasonable and adopted it as the decision awarding damages. Ms. Smith was awarded a lump sum of $59,000.00, which represents compensation for all items of damages available under Section 15(a) of the Vaccine Act.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_19-vv-02013-0
Date issued/filed: 2021-12-01
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 10/27/2021) regarding 30 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:19-vv-02013-UNJ Document 34 Filed 12/01/21 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 19-2013V
UNPUBLISHED
ROSITA SMITH, Chief Special Master Corcoran
Petitioner, Filed: October 27, 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)
Bridget Candace McCullough, Muller Brazil, LLP, Dresher, PA, for Petitioner.
Meghan Murphy, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION ON JOINT STIPULATION1
On December 31, 2019, Rosita Smith 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 left shoulder injury related to vaccine
administration (“SIRVA”) as a result of receiving an influenza (“flu”) vaccine on December
15, 2017. Petition at 1; Stipulation, filed at October 26, 2021, ¶¶ 1-2, 4. Petitioner further
alleges that she experienced the residual effects of this condition for more than six
months. Petition at 5; Stipulation at ¶ 4. Respondent “denies that petitioner sustained a
SIRVA Table injury; denies that the vaccine caused petitioner’s alleged shoulder injury,
or any other injury; and denies that her current condition is a sequela of a vaccine-related
injury.” Stipulation at ¶ 6.
Nevertheless, on October 26, 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.
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-02013-UNJ Document 34 Filed 12/01/21 Page 2 of 7
Pursuant to the terms stated in the attached Stipulation, I award the following
compensation:
A lump sum of $59,000.00, 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

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