VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-00135
Package ID: USCOURTS-cofc-1_21-vv-00135
Petitioner: Francisco Salgado
Filed: 2021-01-06
Decided: 2024-03-04
Vaccine: influenza
Vaccination date: 2019-10-11
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 16250

AI-assisted case summary:
On January 6, 2021, Francisco Salgado filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that he suffered a shoulder injury related to vaccine administration (SIRVA) caused by an influenza vaccine he received on October 11, 2019. Mr. Salgado claimed the injury was on the Vaccine Injury Table, that he sustained residual effects for more than six months, and that the vaccine was administered in the United States. The respondent, the Secretary of Health and Human Services, denied that Mr. Salgado sustained a SIRVA Table injury, denied that the vaccine caused his alleged shoulder injury or any other injury, and denied that his current condition was a sequela of a vaccine-related injury. Despite these opposing positions, the parties filed a joint stipulation on January 29, 2024, agreeing to settle the case. Chief Special Master Brian H. Corcoran adopted the stipulation as his decision. He awarded Mr. Salgado a lump sum of $16,250.00, payable by check to the petitioner. This amount represents compensation for all damages available under Section 15(a) of the Vaccine Act. The decision was entered on March 4, 2024. Petitioner was represented by Maximillian J. Muller of Muller Brazil, LLP, and respondent was represented by Jamica Marie Littles of the U.S. Department of Justice. The public decision does not describe the specific onset of symptoms, diagnostic tests, treatments, or the medical experts consulted.

Theory of causation field:
Petitioner Francisco Salgado alleged a shoulder injury related to vaccine administration (SIRVA) from an influenza vaccine received on October 11, 2019. Petitioner claimed the injury was listed on the Vaccine Injury Table and resulted in residual effects for over six months. Respondent denied a SIRVA Table injury and causation. The parties reached a joint stipulation to settle the case. Chief Special Master Brian H. Corcoran adopted the stipulation, awarding $16,250.00 as a lump sum. The public decision does not detail the specific mechanism of injury, expert testimony, or the basis for the settlement beyond the parties' agreement. The theory of causation is based on the Vaccine Injury Table entry for SIRVA. Attorneys for petitioner were Muller Brazil, LLP, and for respondent, the U.S. Department of Justice. Decision date: March 4, 2024.

Public staged source text:

================================================================================
DOCUMENT 1: USCOURTS-cofc-1_21-vv-00135-0
Date issued/filed: 2024-03-04
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 01/30/2024) regarding 43 DECISION Stipulation/Proffer ( Signed by Chief Special Master Brian H. Corcoran. )(mpj) Service on parties made.
--------------------------------------------------------------------------------
Case 1:21-vv-00135-UNJ Document 48 Filed 03/04/24 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 21-135V
FRANCISCO SALGADO, Chief Special Master Corcoran
Petitioner, Filed: January 30, 2024
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Maximillian J. Muller, Muller Brazil, LLP, Dresher, PA, for Petitioner.
Jamica Marie Littles, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION ON JOINT STIPULATION1
On January 6, 2021, Francisco Salgado 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 he suffered a shoulder injury related to vaccine
administration (“SIRVA”) caused by an influenza (“flu”) vaccine administered on October
11, 2019. Petition at 1; Stipulation, filed at January 29, 2024, ¶¶ 1, 2. Petitioner further
alleges that the vaccine was administered within the United States, that he sustained a
SIRVA within the time period set forth in the Vaccine Injury Table, that he suffered the
residual effects of his injury for more than six months, and that there has been no prior
award or settlement of a civil action for damages on his behalf as a result of his injury.
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 Petitioner’s current condition is a sequala 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-00135-UNJ Document 48 Filed 03/04/24 Page 2 of 7
Nevertheless, on January 29, 2024, 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 $16,250.00 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

inesign DocumentC IDas: e9 316:271F-3vEv-B0-09123C56--U4N36J 4 - A DFo2c3u--mEFenDtF 408B 6 0 FAiCleFdA 0 3/04/24 Page 3 of 7
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
FRANCISCO SALGADO,
Petitioner, No. 21-135V
Chief Special Master Corcoran
v. ECF
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
STIPULATION
The parties hereby stipulate to the following matters:
1. Francisco Salgado ("petitioner") filed a petition for vaccine compensation under the
National Vaccine Injury Compensation Program, 42 U.S.C. § 300aa-10 to 34 (the ''Vaccine
Program"). The petition seeks compensation for injuries allegedly related to petitioner's receipt
of an influenza ("fluj vaccine, which is a vaccine that is contained in the Vaccine Injury Table
(the "Table"), 42 C.F.R. § 100.3(a)
2. Petitioner received a flu vaccine on October 11, 2019.
3. The vaccine was administered within the United States.
4. Petitioner alleges that he sustained a right shoulder injury related to vaccine
0
administration ("SIRVA ) within the time period set forth in the Table. Petitioner further alleges
that he suffered the residual effects oftbe alleged injury for more than six months.
5. Petitioner represents that there has been no prior award or settlement of a civil action
for damages on bis behalf as a result of the alleged injury.
he si!:ined document can be validated at https://app.vinesiQn.comNerifv

Case 1:21-vv-00135-UNJ Document 48 Filed 03/04/24 Page 4 of 7
6. Respondent denies that petitioner sustained a SIRVA Table injury; denies that the
vaccine caused petitioner's alleged shoulder injwy, or any other injury; and denies that
petitioner's current condition is a sequela 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 ofj udgment reflecting a decision consistent with
the terms of this Stipulation, and after petitioner bas filed an election to receive compensation
pursuant to 42 U.S.C. § 300aa-21(a)(l), the Secretary of Health and Human Services will issue
the following vaccine compensation payment for all damages that would be available under 42
U.S.C. § 300aa-15(a):
A lump sum of $16,250.00 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-1S(a).
9. As soon as practicable after the entry ofj udgment 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. § JOOaa-2 l(a)(l), 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.
10. Petitioner and petitioner's attorney represent that compensation to be provided
pursuant to this Stipulation is not for any items or services for which the Program is not
primarily Hable under 42 U. S.C. § 300aa-l 5(g), to the e,ctent that payment has been made or can
reasonably be expected to be made under any State compensation programs, insurance policies,
2

Case 1:21-vv-00135-UNJ Document 48 Filed 03/04/24 Page 5 of 7
Federal or State health benefits programs (o ther than Title XIX of the Social Security Act (4 2
U.S.C. § 1396 et seq.)), or by entities that provide health services on a pre-paid basis.
11. 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-15(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 attorney's fees and litigation costs, and past unreimbursable expenses. the money provided
pursuant to this Stipulation will be used solely for the benefit of petitioner as contemplated by a
strict construction of 42 U.S.C. § 300aa-15(a) and (d), and subject to the conditions of 42 U.S.C.
§ 300aa-15(g) and (h ).
13. In return for the payments described in paragraphs 8 and 9, petitioner, in petitioner's
individual capacity, and on behalf of his 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, claims, 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 Court of Federal Claims, under the National Vaccine Injury 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 have resulted from, the vaccination administered on October 11, 2019, as
alleged in a petition and amended petition for vaccine compensation filed on or about January 6,
2021 and January 12, 2023, respectively. in the United States Court of Federal Claims as petition
No. 21-l35V.
3

Case 1:21-vv-00135-UNJ Document 48 Filed 03/04/24 Page 6 of 7
14. If petitioner should die prior to entry ofj udgment, 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 with a
decision that is in complete conformity with the terms of this Stipulation, then the parties'
settlement and this Stipulation shall be voidable at the sole discretion of either party.
16. This Stipulation expresses a full and complete negotiated settlement of liability and
damages claimed under the National Childhood Vaccine Injury Act of 1986, as amended, except
as otherwise noted in paragraph 9 above. There is absolutely no agreement on the part 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 reflect a compromise of the parties' respective positions as to liability and/or
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 to modify or revise this agreement.
17. This Stipulation shall not be construed as an admission by the United States or the
Secretary of Health and Human Services that the flu vaccine caused petitioner's alleged injury or
any other injury or his current disabilities, or that petitioner suffered an injury contained in the
Vaccine Injury Table.
18. All rights and obligations of petitioner hereunder shall apply equally to petitioner's
heirs, executors, administrators, successors, and/or assigns.
END OF STIPULATlON
4

Case 1:21-vv-00135-UNJ Document 48 Filed 03/04/24 Page 7 of 7
Respectfully submitted,
PEmIONER:
FRANCISCO SALGADO
AT IORNEY OF RECORD FOR AUTHORIZED REPRESENTATIVE
PETITIONER: OF THE ATTORNEY GENERAL:
>-.MiaWMJ.\t.P1, J--lM_ __
AIANJ.MULLER HEATHER L. PEARLMAN
Attorney for Petitioner Deputy Director
Muller Brazil Torts Branch, Civil Division
715 Twining Road, Suite 208 U.S. Department of Justice
Dresher, PA 19025 P.O. Box 146
(215) 885-1655 Benjamin Franklin Station
max@myvaccinelawyer.com Washington, DC 20044-0146
AUTHORIZED REPRESENTATIVE ATTORNEY OF RECORD FOR
OFTHESECRETARYOFHEALTH RESPONDENT:
AND HUMAN SERVICES:
George R. Grimes - Olgitally signed by George R. . - 111.~ '
Grtmes-S14
S 14 Date: 2024.01 .1614:26:16-05'00'
CDR GEORGE REED GRIMES, MD, MPH J~TITLES
Director, Division of Injury Trial Attorney
Compensation Programs Torts Branch, Civil Division
Health Systems Bureau U.S. Department of Justice
Health Resources and Services Administration P.O. Box 146
U.S. Department of Health Benjamin Franklin Station
and Human Services Washington, DC 20044-0146
5600 Fishers Lane, 08W-25A (202) 305-4014
RockviJle, MD 20857 jamica.m.littles@usdoj.gov
I/ 'l° i / 14
Dated:
5