VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-00044 Package ID: USCOURTS-cofc-1_21-vv-00044 Petitioner: Donna Valdez Filed: 2021-01-04 Decided: 2023-08-18 Vaccine: influenza Vaccination date: 2019-12-17 Condition: shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 33306 AI-assisted case summary: Donna Valdez filed a petition for compensation under the National Vaccine Injury Compensation Program on January 4, 2021, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) as a result of an influenza vaccine administered on December 17, 2019. She stated she received the vaccine in the United States, experienced residual effects for more than six months, and had no prior award or settlement for damages. Respondent denied that Ms. Valdez sustained a SIRVA Table injury, denied that the vaccine caused her injury, and denied that her condition was a sequela of a vaccine-related injury. Nevertheless, on July 6, 2023, the parties filed a joint stipulation for compensation. Chief Special Master Corcoran found the stipulation reasonable and adopted it as the decision awarding damages. The award included $3,306.58 for a Medicaid lien and $30,000.00 payable to Petitioner, totaling $33,306.58 for all items of damages. Theory of causation field: unclear Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_21-vv-00044-0 Date issued/filed: 2023-08-18 Pages: 8 Docket text: PUBLIC DECISION (Originally filed: 07/07/2023) regarding 42 DECISION Stipulation/Proffer. Signed by Chief Special Master Brian H. Corcoran. (kp) Service on parties made. -------------------------------------------------------------------------------- Case 1:21-vv-00044-UNJ Document 46 Filed 08/18/23 Page 1 of 8 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 21-0044V DONNA VALDEZ, Chief Special Master Corcoran Petitioner, Filed: July 7, 2023 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Maximillian J. Muller, Muller Brazil, LLP, Dresher, PA, for Petitioner. Rachelle Bishop, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON JOINT STIPULATION1 On January 4, 2021, Donna Valdez 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”) as a result of an influenza (“flu”) vaccine that was administered on December 17, 2019. Petition at 1; Stipulation, filed on July 6, 2023, at ¶¶ 2, 4. Petitioner further alleges that she received the vaccine in the United States, that she experienced the residual effects of her injury for more than six months, and there has been no prior award or settlement of a civil action for damages as a result of her alleged condition. Petition at 1-2; 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 her current condition is a sequela of a vaccine-related injury.” Stipulation at ¶ 6. 1 Because this Decision contains a reasoned explanation for the action taken in this case, it must be made publicly accessible and will be posted on the United States Court of Federal Claims' website, and/or at https://www.govinfo.gov/app/collection/uscourts/national/cofc, in accordance with the E-Government Act of 2002. 44 U.S.C. § 3501 note (2018) (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 (2018). Case 1:21-vv-00044-UNJ Document 46 Filed 08/18/23 Page 2 of 8 Nevertheless, on July 6, 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. A lump sum payment of $3,306.58, representing reimbursement for a Medicaid lien for services rendered to Petitioner by the Texas Health and Human Services Commission, in the form of a check payable jointly to Petitioner and TMHP-Medicaid TMPH TPL-Tort Department Attn: Tort Receivables PO Box 202948 Austin, TX 78720-2948 Client ID: 509851336 Case Number 999992535364206 Petitioner agrees to endorse this check to TMHP-Medicaid. B. A lump sum of $30,000.00 in the form of a check payable to Petitioner. Stipulation at ¶ 8. These amounts represent 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 1:21-vv-00044-UNJ Document 46 Filed 08/18/23 Page 3 of 8 Case 1:21-vv-00044-UNJ Document 46 Filed 08/18/23 Page 4 of 8 Case 1:21-vv-00044-UNJ Document 46 Filed 08/18/23 Page 5 of 8 Case 1:21-vv-00044-UNJ Document 46 Filed 08/18/23 Page 6 of 8 Case 1:21-vv-00044-UNJ Document 46 Filed 08/18/23 Page 7 of 8 Case 1:21-vv-00044-UNJ Document 46 Filed 08/18/23 Page 8 of 8