VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-00293 Package ID: USCOURTS-cofc-1_20-vv-00293 Petitioner: Lisa Asemota Filed: 2020-03-16 Decided: 2022-07-21 Vaccine: influenza Vaccination date: 2018-08-24 Condition: shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 59075 AI-assisted case summary: Lisa Asemota filed a petition for compensation under the National Vaccine Injury Compensation Program on March 16, 2020. She alleged that she suffered a shoulder injury related to vaccine administration (SIRVA) after receiving the influenza vaccine on August 24, 2018. Ms. Asemota claimed that her SIRVA was a Table injury and that she experienced residual effects for more than six months. The respondent denied that the flu vaccine caused her alleged shoulder injury or that the onset of the injury occurred within the timeframe specified by the Vaccine Injury Table. Despite these denials, the parties filed a joint stipulation on June 16, 2022, agreeing to an award of compensation. Chief Special Master Brian H. Corcoran reviewed and adopted the stipulation. As a result, Lisa Asemota was awarded a lump sum of $59,075.58, payable by check to the Petitioner, as compensation for all items of damages. The decision does not describe the specific onset of symptoms, medical tests, treatments, or expert witnesses involved in this case. Petitioner was represented by Alison H. Haskins of Maglio Christopher & Toale, PA, and Respondent was represented by Mallori Browne Openchowski of the U.S. Department of Justice. Theory of causation field: Petitioner Lisa Asemota alleged a Shoulder Injury Related to Vaccine Administration (SIRVA) following an influenza vaccine on August 24, 2018. The injury was alleged to be a Table injury with residual effects lasting more than six months. Respondent denied causation and that the onset occurred within the Table timeframe. The parties reached a joint stipulation for compensation. The public decision does not detail the specific mechanism of injury, expert testimony, or the medical evidence presented. Chief Special Master Brian H. Corcoran adopted the stipulation, awarding a lump sum of $59,075.58. Petitioner counsel was Alison H. Haskins, and Respondent counsel was Mallori Browne Openchowski. The decision date was July 21, 2022. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_20-vv-00293-0 Date issued/filed: 2022-07-21 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 06/17/2022) regarding 45 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (kp) Service on parties made. -------------------------------------------------------------------------------- Case 1:20-vv-00293-UNJ Document 49 Filed 07/21/22 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 20-0293V UNPUBLISHED LISA ASEMOTA, Chief Special Master Corcoran Petitioner, Filed: June 17, 2022 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) Alison H. Haskins, Maglio Christopher & Toale, PA, Sarasota, FL, for Petitioner. Mallori Browne Openchowski, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON JOINT STIPULATION1 On March 16, 2020, Lisa Asemota 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”), a defined in the Vaccine Table, after receiving the influenza (“flu”) vaccine on August 24, 2018. Petition at 1, ¶¶ 2, 21; Stipulation, filed at June 16, 2022, ¶¶ 1-2, 4. Petitioner further alleges that she received the vaccine in the United States, that she suffered the residual effects of her SIRVA for more than six months, and that neither she nor any other party has filed a civil action or received compensation for alleged SIRVA injury. Petition at ¶¶ 2, 20, 22-23; Stipulation at ¶¶ 3-5. "Respondent denies that [P]etitioner suffered the onset of her alleged shoulder injury within the Table timeframe; denies that the flu vaccine caused [P]etitioner’s alleged shoulder injury or any 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 1:20-vv-00293-UNJ Document 49 Filed 07/21/22 Page 2 of 7 other injury and further denies that her current disabilities are a sequela of a vaccine- related injury.” Stipulation at ¶ 6. Nevertheless, on June 16, 2022, 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 $59,075.58 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 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 1:20-vv-00293-UNJ Document 49 Filed 07/21/22 Page 3 of 7 Case 1:20-vv-00293-UNJ D ocument 49 Filed 07/21/22 Page 4 of 7 Case 1:2 0-vv-002 93-U N J Document 49 Filed 07/21/22 Page 5 of 7 Case 1:20-vv-00293-UNJ D ocument 49 Filed 07/21/22 Page 6 of 7 Case 1:20-vv-00293-UNJ Document 49 Filed 07/21/22 Page 7 of 7