VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-00328 Package ID: USCOURTS-cofc-1_20-vv-00328 Petitioner: Julia Dipiazza Filed: 2020-03-24 Decided: 2021-12-20 Vaccine: influenza Vaccination date: 2018-11-16 Condition: left shoulder injury related to vaccination administration (SIRVA) Outcome: compensated Award amount USD: 18500 AI-assisted case summary: Petitioner Julia Dipiazza filed a petition for compensation on March 24, 2020, alleging that an influenza vaccine administered on November 16, 2018, caused her to suffer from a left shoulder injury related to vaccination administration (SIRVA). Petitioner further alleged that the residual effects of this injury lasted for more than six months. The injury is listed on the Vaccine Injury Table. Respondent denied that the vaccine caused the alleged SIRVA. Nevertheless, the parties filed a joint stipulation agreeing to compensation. Special Master Christian J. Moran reviewed the stipulation and adopted it as the decision of the Court. The stipulation awarded Julia Dipiazza a lump sum payment of $18,500.00, payable by check, as compensation for all damages. Petitioner was represented by Michael G. McLaren of Black McLaren, et al., PC, and Respondent was represented by Althea W. Davis of the United States Department of Justice. The decision was filed on December 20, 2021. Theory of causation field: Petitioner Julia Dipiazza alleged that an influenza vaccine received on November 16, 2018, caused a left shoulder injury related to vaccination administration (SIRVA), with residual effects lasting more than six months. This condition is listed on the Vaccine Injury Table. Respondent denied causation. The parties filed a joint stipulation for compensation, which Special Master Christian J. Moran adopted. The stipulation resulted in an award of $18,500.00. Petitioner's counsel was Michael G. McLaren, and Respondent's counsel was Althea W. Davis. The decision date was December 20, 2021. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_20-vv-00328-0 Date issued/filed: 2022-01-11 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 12/20/2021) regarding 55 DECISION Stipulation/Proffer Signed by Special Master Christian J. Moran. (jmw) Service on parties made. -------------------------------------------------------------------------------- Case 1:20-vv-00328-UNJ Document 56 Filed 01/11/22 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS * * * * * * * * * * * * * * * * * * * * * JULIA DIPIAZZA, * * No. 20-328V Petitioner, * Special Master Christian J. Moran * v. * Filed: December 20, 2021 * SECRETARY OF HEALTH * Stipulation; influenza (“flu”) vaccine; AND HUMAN SERVICES, * SIRVA; shoulder injury. * Respondent. * * * * * * * * * * * * * * * * * * * * * * Michael G. McLaren, Black McLaren, et al., PC, Memphis, TN, for Petitioner; Althea W. Davis, United States Dep’t of Justice, Washington, DC, for Respondent. UNPUBLISHED DECISION1 On December 14, 2021, the parties filed a joint stipulation concerning the petition for compensation filed by Julia Dipiazza on March 24, 2020. Petitioner alleged that the influenza (“flu”) vaccine she received on November 16, 2018, which is contained in the Vaccine Injury Table (the “Table”), 42 C.F.R. §100.3(a), caused her to suffer from a left shoulder injury related to vaccination administration (“SIRVA”). Petitioner further alleges that she suffered the residual effects of this injury for more than six months. Petitioner represents that there has been no prior award or settlement of a civil action for damages on her behalf as a result of her condition. Respondent denies that the flu vaccine caused petitioner to suffer from SIRVA or any other injury. 1 The E-Government Act, 44 U.S.C. § 3501 note (2012) (Federal Management and Promotion of Electronic Government Services), requires that the Court post this decision on its website. Pursuant to Vaccine Rule 18(b), the parties have 14 days to file a motion proposing redaction of medical information or other information described in 42 U.S.C. § 300aa-12(d)(4). Any redactions ordered by the special master will appear in the document posted on the website. Case 1:20-vv-00328-UNJ Document 56 Filed 01/11/22 Page 2 of 7 Nevertheless, the parties agree to the joint stipulation, attached hereto. The undersigned finds said stipulation reasonable and adopts it as the decision of the Court in awarding damages, on the terms set forth therein. Damages awarded in that stipulation include: A lump sum payment of $18,500.00 in the form of a check payable to petitioner. This amount represents compensation for all damages that would be available under 42 U.S.C. § 300aa-15(a). In the absence of a motion for review filed pursuant to RCFC, Appendix B, the clerk is directed to enter judgment according to this decision and the attached stipulation.2 IT IS SO ORDERED. s/Christian J. Moran Christian J. Moran Special Master 2 Pursuant to Vaccine Rule 11(a), the parties can expedite entry of judgment by each party filing a notice renouncing the right to seek review by a United States Court of Federal Claims judge. 2 Case 1:20-vv-00328-UNJ Document 56 Filed 01/11/22 Page 3 of 7 Case 1:20-vv-00328-UNJ Document 56 Filed 01/11/22 Page 4 of 7 Case 1:20-vv-00328-UNJ Document 56 Filed 01/11/22 Page 5 of 7 Case 1:20-vv-00328-UNJ Document 56 Filed 01/11/22 Page 6 of 7 Case 1:20-vv-00328-UNJ Document 56 Filed 01/11/22 Page 7 of 7