VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-01483
Package ID: USCOURTS-cofc-1_20-vv-01483
Petitioner: Carmen C. Salas
Filed: 2022-02-11
Decided: 2022-03-14
Vaccine: influenza
Vaccination date: 2017-11-14
Condition: optic acute idiopathic blind spot enlargement (AIBSE)
Outcome: compensated
Award amount USD: 95000

AI-assisted case summary:
Carmen C. Salas filed a petition on February 11, 2022, seeking compensation under the National Vaccine Injury Compensation Program. Ms. Salas alleged that she suffered from optic acute idiopathic blind spot enlargement (AIBSE) as a result of receiving an influenza vaccine on November 14, 2017. The respondent, the Secretary of Health and Human Services, denied that the vaccine caused the alleged AIBSE or any other injury, and denied that Ms. Salas's current condition was a sequelae of a vaccine-related injury. Despite maintaining their respective positions, both parties entered into a joint stipulation dated February 8, 2022, agreeing that the issues could be settled and that compensation should be awarded. Special Master Katherine E. Oler reviewed the file and found the stipulation to be reasonable, adopting it as the decision. The stipulation awarded Carmen C. Salas a lump sum of $95,000.00, payable by check to Petitioner, as compensation for all damages available under the program. The decision was issued on March 14, 2022, and judgment was to be entered accordingly. The public decision does not describe the specific onset of symptoms, clinical details of the condition, diagnostic tests performed, treatments received, or the specific mechanism by which the vaccine allegedly caused the injury. Petitioner was represented by Roberto E. Ruiz-Comas of RC Legal & Litigation Services PSC, and Respondent was represented by Lara A. Englund of the U.S. Department of Justice.

Theory of causation field:
Carmen C. Salas filed a petition on February 11, 2022, alleging that an influenza vaccine received on November 14, 2017, caused optic acute idiopathic blind spot enlargement (AIBSE). The respondent denied causation. The parties stipulated to a settlement. The public text does not specify the theory of causation, medical experts, or the mechanism of injury. The stipulation awarded Petitioner $95,000.00 for all damages. Special Master Katherine E. Oler issued the decision on March 14, 2022. Petitioner's counsel was Roberto E. Ruiz-Comas, and Respondent's counsel was Lara A. Englund.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_20-vv-01483-0
Date issued/filed: 2022-03-14
Pages: 7
Docket text: PUBLIC RULING (Originally filed: 2/11/2022) regarding 30 DECISION: Stipulation Signed by Special Master Katherine E. Oler. (nvb) Service on parties made.
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Case 1:20-vv-01483-UNJ Document 34 Filed 03/14/22 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-1483V
(not to be published)
* * * * * * * * * * * * * * * * * * * * * * * * * *
*
*
CARMEN C. SALAS,
*
* Filed: February 11, 2022
Petitioner, *
*
*
v. * Decision by Stipulation; Damages;
* Influenza (“flu”) Vaccine; Optic Acute
SECRETARY OF HEALTH AND * Idiopathic Blind Spot Enlargement
HUMAN SERVICES, * (“AIBSE”).
*
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * *
Roberto E. Ruiz-Comas, RC Legal & Litigation Services PSC, San Juan, PR, for Petitioner
Lara A. Englund, U.S. Department of Justice, Washington, DC, for Respondent
DECISION ON JOINT STIPULATION1
On October 28, 2020, Carmen C. Salas (“Petitioner”) filed a petition seeking compensation
under the National Vaccine Injury Compensation Program (“the Vaccine Program”).2 Pet., ECF
No. 1. Petitioner alleges that she suffered from optic acute idiopathic blind spot enlargement
(“AIBSE”) as a result of the influenza (“flu”) vaccine she received on November 14, 2017. See
Stipulation ¶ 2, 4, dated February 8, 2022 (ECF No. 29); see also Petition.
1 Although this Decision has been formally designated “not to be published,” it will nevertheless be posted
on the Court of Federal Claims’ website in accordance with the E-Government Act of 2002, 44 U.S.C. §
3501 (2012). This means the Decision will be available to anyone with access to the internet. As
provided by 42 U.S.C. § 300aa-12(d)(4)(B), however, the parties may object to the Decision’s inclusion of
certain kinds of confidential information. Specifically, under Vaccine Rule 18(b), each party has fourteen
days within which to request redaction “of any information furnished by that party: (1) that is a trade secret
or commercial or financial in substance and is privileged or confidential; or (2) that includes medical files
or similar files, the disclosure of which would constitute a clearly unwarranted invasion of privacy.”
Vaccine Rule 18(b). Otherwise, the Decision in its present form will be available. Id.
2 The Vaccine Program comprises Part 2 of the National Childhood Vaccine Injury Act of 1986, Pub. L.
No. 99-660, 100 Stat. 3755 (codified as amended at 42 U.S.C. §§ 300aa-10–34 (2012)) (hereinafter
“Vaccine Act” or “the Act”). All subsequent references to sections of the Vaccine Act shall be to the
pertinent subparagraph of 42 U.S.C. § 300aa.

Case 1:20-vv-01483-UNJ Document 34 Filed 03/14/22 Page 2 of 7
Respondent denies “that the vaccines caused alleged AIBSE, or any other injury; and
denies that her current condition is a sequelae of a vaccine-related injury.” See Stipulation ¶ 6.
Nonetheless, both parties, while maintaining their above-stated positions, agreed in a stipulation
dated February 8, 2022 that the issues before them can be settled and that a decision should be
entered awarding Petitioner compensation. ECF No. 29.
I have reviewed the file, and based upon that review, I conclude that the parties’ stipulation
is reasonable. I therefore adopt it as my decision in awarding damages on the terms set forth
therein.
The stipulation awards:
A lump sum of $95,00.00 in the form of a check payable to Petitioner.
Stipulation ¶ 8. This award represents compensation for all damages that would be available under
42 U.S.C. § 300aa-15(a).
I approve a Vaccine Program award in the requested amounts set forth above to be made
to Petitioner. In the absence of a motion for review filed pursuant to RCFC Appendix B, the Clerk
of the Court is directed to enter judgment herewith.3
IT IS SO ORDERED.
s/ Katherine E. Oler
Katherine E. Oler
Special Master
3 Pursuant to Vaccine Rule 11(a), the parties may expedite entry of judgment by jointly filing notice
renouncing their right to seek review.

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