VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-01279 Package ID: USCOURTS-cofc-1_20-vv-01279 Petitioner: Salina M. Flores Filed: 2020-09-28 Decided: 2022-09-28 Vaccine: influenza Vaccination date: 2017-09-29 Condition: left shoulder injury related to vaccine administration Outcome: compensated Award amount USD: 40000 AI-assisted case summary: Salina M. Flores filed a petition for compensation under the National Vaccine Injury Compensation Program on September 28, 2020, alleging she suffered a left shoulder injury related to vaccine administration (SIRVA) from an influenza vaccine received on or about September 29, 2017. Petitioner alleged that the vaccine was administered in the United States, that she experienced residual effects of her condition for more than six months, and that there had been no prior award or settlement for the injury. The respondent denied that the petitioner sustained a SIRVA Table injury, denied that the vaccine caused the alleged shoulder injury or any other injury, and denied that the petitioner's current condition was a sequela of a vaccine-related injury. Despite the respondent's denials, the parties filed a joint stipulation on August 29, 2022, agreeing that compensation should be awarded. Chief Special Master Brian H. Corcoran reviewed the stipulation, found it reasonable, and adopted it as his decision. The decision awarded Salina M. Flores a lump sum of $40,000.00, payable to the Petitioner, as compensation for all items of damages. The public decision does not describe the specific onset of symptoms, medical tests performed, treatments received, or the mechanism of injury. Petitioner was represented by John Cantrell of the Law Office of John R. Cantrell, and Respondent was represented by Parisa Tabassian of the U.S. Department of Justice. Theory of causation field: Petitioner Salina M. Flores alleged a left shoulder injury related to vaccine administration (SIRVA) following an influenza vaccine received on or about September 29, 2017. The respondent denied that the vaccine caused the alleged shoulder injury or that it was a SIRVA Table injury. The parties filed a joint stipulation for compensation, which was adopted by Chief Special Master Brian H. Corcoran. The stipulation resulted in an award of $40,000.00. The public decision does not detail the specific theory of causation, medical experts, or the mechanism of injury, but the condition alleged falls under the "Table" category of injuries for which compensation may be awarded under the Vaccine Act. Petitioner was represented by John Cantrell, and Respondent was represented by Parisa Tabassian. The decision was issued on September 28, 2022. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_20-vv-01279-0 Date issued/filed: 2022-09-28 Pages: 8 Docket text: PUBLIC DECISION (Originally filed: 08/29/2022) regarding 43 DECISION Stipulation/Proffer, ( Signed by Chief Special Master Brian H. Corcoran. )(mpj) Service on parties made. -------------------------------------------------------------------------------- Case 1:20-vv-01279-UNJ Document 46 Filed 09/28/22 Page 1 of 8 CORRECTED In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 20-1279V UNPUBLISHED SALINA M. FLORES, Chief Special Master Corcoran Petitioner, Filed: August 29, 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) John Cantrell, Law Office of John R. Cantrell, Hammond, IN, for Petitioner. Parisa Tabassian, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON JOINT STIPULATION1 On September 28, 2020, Salina M. Flores 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 an influenza vaccine received on or about September 29, 2017. Petition at 1; Stipulation, filed August 29, 2022, at ¶¶ 2-4. Petitioner further alleges that the vaccine was administered in the United States, she experienced the residual effects of her condition for more than six months, and there has been no prior award or settlement of a civil action for damages arising out of the alleged vaccine injury. Petition at ¶¶ 2, 10-12; Stipulation at ¶¶ 3-5. “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 petitioner’s current condition is a sequela 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 1:20-vv-01279-UNJ Document 46 Filed 09/28/22 Page 2 of 8 Nevertheless, on August 29, 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 $40,000.00 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 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-01279-UNJ Document 46 Filed 09/28/22 Page 3 of 8 Case 1:20-vv-01279-UNJ Document 46 Filed 09/28/22 Page 4 of 8 Case 1:20-vv-01279-UNJ Document 46 Filed 09/28/22 Page 5 of 8 Case 1:20-vv-01279-UNJ Document 46 Filed 09/28/22 Page 6 of 8 Case 1:20-vv-01279-UNJ Document 46 Filed 09/28/22 Page 7 of 8 Case 1:20-vv-01279-UNJ Document 46 Filed 09/28/22 Page 8 of 8