VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-01804 Package ID: USCOURTS-cofc-1_20-vv-01804 Petitioner: Deborah Mosora Filed: 2020-12-08 Decided: 2023-04-18 Vaccine: influenza Vaccination date: 2019-10-23 Condition: shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 61224 AI-assisted case summary: Deborah Mosora filed a petition for compensation under the National Vaccine Injury Compensation Program on December 8, 2020, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) resulting from a seasonal influenza vaccination received on October 23, 2019. The respondent, the Secretary of Health and Human Services, denied that Ms. Mosora sustained SIRVA or that the flu vaccine caused her alleged injuries. Nevertheless, the parties filed a joint stipulation on March 14, 2023, agreeing that a decision should be entered awarding compensation. Chief Special Master Brian H. Corcoran adopted the stipulation as his decision. Ms. Mosora was awarded a lump sum of $61,224.95, payable by check to Petitioner. This amount represents compensation for all items of damages available under Section 15(a) of the Vaccine Act. The decision was issued on April 18, 2023. Petitioner was represented by Rhonda Lorenz-Pignato of Shannon Law Group, PC, and Respondent was represented by Katherine Carr Esposito of the U.S. Department of Justice. The public decision does not describe the specific onset of symptoms, medical tests, treatments, or the mechanism of injury. The case was filed under the "Table" category for SIRVA. Theory of causation field: Petitioner Deborah Mosora filed a petition on December 8, 2020, alleging a shoulder injury related to vaccine administration (SIRVA) following an influenza vaccine received on October 23, 2019. Respondent denied the alleged injury and causation. The parties filed a joint stipulation agreeing to a settlement. Chief Special Master Brian H. Corcoran adopted the stipulation, awarding Petitioner $61,224.95 as a lump sum. This award falls under the "Table" category for SIRVA. The public decision does not detail specific medical experts, the mechanism of injury, or the clinical progression of the condition beyond the allegation of residual effects lasting more than six months. Petitioner was represented by Rhonda Lorenz-Pignato, and Respondent by Katherine Carr Esposito. The decision date was April 18, 2023. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_20-vv-01804-0 Date issued/filed: 2023-04-18 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 03/15/2023) regarding 33 DECISION Stipulation/Proffer, Signed by Chief Special Master Brian H. Corcoran. (nh) Service on parties made. -------------------------------------------------------------------------------- Case 1:20-vv-01804-UNJ Document 41 Filed 04/18/23 Page 1 of 7 (cid:38)(cid:50)(cid:53)(cid:53)(cid:40)(cid:38)(cid:55)(cid:40)(cid:39) In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 20-1804V UNPUBLISHED DEBORAH MOSORA, Chief Special Master Corcoran Petitioner, Filed: March 15, 2023 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) Rhonda Lorenz-Pignato, Shannon Law Group, PC, Woodridge, IL, for Petitioner. Katherine Carr Esposito, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON JOINT STIPULATION1 On December 8, 2020, Deborah Mosora 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) resulting from a seasonal influenza vaccination she received on October 23, 2019. Petition at 1; Stipulation, filed at March 14, 2023, ¶¶ 1-2. Petitioner further alleges that the vaccination was administered within the United States, her pain and impairment lasted longer than six months, and neither she nor any other party, has ever filed any action nor resolved or settled a claim for damages against any other party, or received compensation the form of an award or settlement for Petitioner’s vaccine- related injury. Petition at 1, 9; Stipulation at ¶¶ 3-5. “Respondent denies that [P]etitioner sustained SIRVA; denies that theflu vaccine caused [P]etitioner’salleged SIRVA injuries, or any other injury; and denies that her current condition is a sequelae 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. 2National 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-01804-UNJ Document 41 Filed 04/18/23 Page 2 of 7 Nevertheless, on March 14, 2023, 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 $61,224.95 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-01804-UNJ Document 41 Filed 04/18/23 Page 3 of 7 IN THE UNITED STATES COURT OF FEDERAL CLALVIS OFFICE OF SPECIAL MASTERS DEBORAH MOSORA, Petitioner, No. 20-l 804V (ECF) V. Chief Special Master Corcoran SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. STIPULATJON The parties hereby stipulate to the following matters: l. Petitioner, Deborah Mosorn. filed a petition for vaccine compensation under the National Vaccine lnju1y Compensation Program, 42 U.S.C. § 300aa-10 co 34 (the "Vaccine Program"). The petition seeks compensation for injuries allegedly related to petitioner's receipt of an influenza ("flu") vaccine, which is contained in the Vaccine Injury Table (the "Table"). 42 C. F.R. § I0 0.3 (a). Petitioner received a tlu vaccine in her left arm on October 23, '.2019. 3. The vaccine was administered within the United States. 4. Petitioner alleges that she subsequently developed a Table shoulder injury related co vaccine administration ("SIRVA"). She further alleges that she has experienced residual effects of this injury for more than six months. 5. Petitioner represents that there has been no prior award or settlement of a civi I action for damages on her behalf as a result of her condition. Case 1:20-vv-01804-UNJ Document 41 Filed 04/18/23 Page 4 of 7 6. Respondent denies that petitioner sustained SIRVA: denies that the tlu ,·accine caused petitioner's alleged SIRVA injuries, or any other injury: and denies that her current condition is a sequelae of a vaccine-related injury. 7. Maintaining their above-stated positions, the parties nevertheless now agree that the issues between them shall be settled and that a decision should be entered awarding the compensation described in paragraph 8 of this Stipulation. 8. As soon as practicable after an entry of judgment reflecting a decision consistent with the terms of this Stipulation. and after petitioner has filed an election to receive compensation pursuant to 42 U.S.C. § 300aa-2 I (a)( l ). the Secretaiy of Health and Human Services will issue the following vaccine compensation payment: A lump sum of $61,224.95 in the form of a check payable to petitioner. This amount represents compensation fbr all damages that would be available under 42 U.S.C. 300aa-I 5(a). ~ 9. As soon as practicable after the entty of judgment on entitlement in this case. and after petitioner has filed both a proper and timely election to receive compensation pursuant to 42 U.S.C. § 300aa-21 (a)( I), and an application. the parties will submit to further proceedings before the special master to award reasonable attorneys' fees and costs incurred in proceeding upon this petition. I 0. Petitioner and her attorney represent that compensation co be provided pursuant to this Stipulation is not for any items or services for which the Program is not primarily liable * under 42 U .S.C. 300aa-l 5(g), to the extent that payment has been made or can reasonably be expected be made under any State compensation programs, insurance policies. Federal or 10 State health benefits programs (other than Title XIX of the Social Security Act (42 U.S.C. ~ 1396 et seq.)). or by entities that provide health services on a pre-paid basis. 2 Case 1:20-vv-01804-UNJ Document 41 Filed 04/18/23 Page 5 of 7 1 J. Payment made pursuant to paragraph 8 and any amounts awarded pursuant to paragraph 9 of this Stipulation will be made in accordance with 42 U.S.C. ~ 300aa-l 5( i). subject to the availability of sufficient statutory funds. 12. The parties and their attorneys further agree and stipulate that. except for any award for attorneys' fees. and litigation costs. the money provided pursuant to this Stipulation will be used solely for the benefit of petitioner as contemplated by a st1icr construction of 42 U.S.C. § 300aa-15(a) and (d), and subject to the conditions of 42 U.S.C. ~ 300aa-l 5(g) and (h). 13. In return for the payments described in paragraphs 8 and 9, petitioner, in her individual capacity and 011 behalf of her heirs, executors. administrators. successors or assigns. does forever irrevocably and unconditionally release. acquit and discharge the United States and the Secretary of Health and Human Services from any and all actions or causes of action (including agreements.judgments. claim~, damages, loss of services, expenses and all demands of whatever kind or nature) that have been brought, could have been brought or could be timely brought in the Cou11 of Federal Claims. under the National Vaccine lnjmy Compensation Program. 42 U.S.C. § 300aa-10 et seq .. on account of. or in any way growing out of. any and all known or unknown, suspected or unsuspected personal injuries to or death of petitioner resulting from. or alleged to ha\·e resulted from a flu vaccine administered 011 October 23. 2019. as alleged by petitioner in a petition for vaccine compensation filed 011 or about Dect>mber 8, 2020, in the United States Court of Federal Claims as petition No. 10-1804V. 14. If petitioner should die prior to entry of judgment. this agreement shall be voidable upon proper notice to the Court on behalf of either or both of the parties. 15. If the special master fails to issue a decision in complete conformity with the terms of this Stipulation or if the Court of Federal Claims fails to enter judgment in conformity 3 Case 1:20-vv-01804-UNJ Document 41 Filed 04/18/23 Page 6 of 7 with a decision that is in complete co11fom1ity ,vith the terms of this Stipulation, then the pat1ies · settlement and this Stipulation shall be voidable at the sole discretion of either party. 16. This Stipulation expresses a full and complete negotiated settlemellt of liability and damages claimed under the National Childhood Vaccine Injury Act of 1936, as amended. except as otherwise noted in paragraph 9 above. There is absolutely no agreement on the pan of the parties hereto to make any payment or to do any act or thing other than is herein expressly stated and clearly agreed to. The parties further agree and understand that the award described in this Stipulation may ret1ect a compromise of the parties' respective positions as to liability andior amount of damages, and further, that a change in the nature of the injury or condition or in the items of compensation sought, is not grounds ro modify or revise this agreement. 17. This Stipulation shall not be construed as an admission by the United Stntes or the Secretary of Health and Human Serv1ces that the flu vaccine caused petitioner·s alleged injury or any other injury or her current disabilities. or that petitioner suffered an injury colltained in the Vaccine lnjmy Table. 18. All rights and obligations of petitioner hereunder shall apply equally to petitioner's heirs, executors, administrators, successors, and/or assigns. END OF STIPULATION I i ! I I I 4 Case 1:20-vv-01804-UNJ Document 41 Filed 04/18/23 Page 7 of 7 Respectfully submitted, PETITIONER: ~ ~ DEBORAH MOSORA ATTORNEY OF RECORD FOR AUTHORIZED REPRESENTATIVE PETITIONER: OF THE ATTORNEY GENERA~ ~Jh-