VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-00768
Package ID: USCOURTS-cofc-1_21-vv-00768
Petitioner: Celina Ramirez
Filed: 2021-01-19
Decided: 2022-11-03
Vaccine: influenza
Vaccination date: 2020-09-04
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 45000

AI-assisted case summary:
Celina Ramirez filed a petition for compensation under the National Vaccine Injury Compensation Program on January 19, 2021, alleging a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on September 4, 2020. Ms. Ramirez alleged that the injury occurred within the time period set forth in the Vaccine Injury Table or, in the alternative, that the vaccination caused her shoulder injury, and that she experienced residual effects for more than six months. The respondent, the Secretary of Health and Human Services, denied that Ms. Ramirez sustained a SIRVA Table injury, denied that the vaccine caused her alleged shoulder injury or any other injury, and denied that her current condition was a sequela of a vaccine-related injury. Despite these denials, the parties reached a joint stipulation for settlement. Chief Special Master Brian H. Corcoran reviewed the stipulation and found it reasonable. On November 3, 2022, Chief Special Master Corcoran adopted the stipulation, awarding Celina Ramirez $45,000.00 as compensation for all damages. This award was to be paid as a lump sum in the form of a check payable to the petitioner. The decision notes that the public text does not describe the specific onset of symptoms, medical tests performed, treatments received, or the names of any medical experts consulted. The stipulation was signed by Celina Ramirez and her attorney, Jimmy A. Zgheib of Zgheib Sayad, P.C., and by George R. Grimes, MD, MPH, for the Secretary of Health and Human Services, and James Vincent Lopez for the U.S. Department of Justice.

Theory of causation field:
Petitioner Celina Ramirez received an influenza vaccine on September 4, 2020, and alleged a shoulder injury related to vaccine administration (SIRVA) within the time period set forth in the Vaccine Injury Table, or alternatively, that the vaccination caused her shoulder injury with residual effects lasting more than six months. The respondent denied a SIRVA Table injury, causation, and sequela. The parties reached a joint stipulation for settlement, and Chief Special Master Brian H. Corcoran adopted the stipulation, awarding $45,000.00 in compensation for all damages. The public text indicates the theory of causation was related to the Vaccine Injury Table or general causation, but does not detail specific medical experts, mechanism of injury, or clinical findings. Petitioner was represented by Jimmy A. Zgheib of Zgheib Sayad, P.C., and Respondent was represented by James Vincent Lopez. The decision date was November 3, 2022.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_21-vv-00768-0
Date issued/filed: 2022-12-05
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 11/03/2022) regarding 38 DECISION Stipulation/Proffer, Signed by Chief Special Master Brian H. Corcoran. (nh) Service on parties made.
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Case 1:21-vv-00768-UNJ Document 44 Filed 12/05/22 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 21-0768V
UNPUBLISHED
CELINA RAMIREZ, Chief Special Master Corcoran
Petitioner,
v. Filed: November 3, 2022
SECRETARY OF HEALTH AND Special Processing Unit (SPU); Joint
HUMAN SERVICES, Stipulation on Damages; Influenza
(Flu) Vaccine; Shoulder Injury
Respondent. Related to Vaccine Administration
(SIRVA).
Jimmy A. Zgheib, Zgheib Sayad, P.C., White Plains, NY, for Petitioner.
James Vincent Lopez, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION ON JOINT STIPULATION1
On January 19, 2021, Celina Ramirez 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 received an influenza (“flu”) vaccine, which vaccine is contained
in the Vaccine Injury Table (the “Table”), 42 C.F.R. § 100.3(a), in her left arm on
September 4, 2020. Petitioner alleges that she sustained a shoulder injury related to
vaccine administration (“SIRVA”) within the time period set forth in the Table, or in the
alternative, that her alleged shoulder injury was caused by the vaccination. She further
alleges that she experienced the residual effects of this condition for more than six
months.
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 1:21-vv-00768-UNJ Document 44 Filed 12/05/22 Page 2 of 7
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 represents a sequela of a vaccine-related injury.
Nevertheless, on November 3, 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 $45,000.00 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 1:21-vv-00768-UNJ Document 44 Filed 12/05/22 Page 3 of 7
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
CELINA RAMIREZ,
Petitioner, No. 21-768V
Chief Special Master Corcoran
V. ECF
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
STIPULATION
The parties hereby stipulate to the following matters:
I. Celina Ramirez ("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 the influenz.a ("flu") vaccine, which is contained in the Vaccine Injury Table (the "Table"), 42
C.F.R. § 100.3(a)
2. Petitioner received the flu vaccine on September 4, 2020, in her left arm.
3. The vaccine was administered within the United States.
4. Petitioner alleges that she sustained a shoulder injury related to vaccine administration
("SIRVA") within the time period set forth in the Table, or in the alternative, that her alleged
shoulder injury was caused by the vaccination. She further alleges that she experienced the
residual effects of this condition for more than six months.
5. Petitioner represents that there has been no prior award or settlement of a civil action
for damages on her behalf as a result of her alleged injury.
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Case 1:21-vv-00768-UNJ Document 44 Filed 12/05/22 Page 4 of 7
6. Respondent denies that petitioner sustained a SIRVA Table injury; denies that the
vaccine caused petitioner's a1leged shoulder injury, or any other injury; and denies that her
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 tenns of this Stipulation, and after petitioner has filed an election to receive compensation
pursuant to 42 U.S.C. § 300aa-2l(a)(l), the Secretary of Health and Hwnan Services will issue
the following vaccine compensation payment:
A lump sum of $45,000.00 in the fonn of a check payable to petitioner. This amount
represents compensation for all damages that would be available under 42 U.S.C.
§ 300aa-l5(a).
9. As soon as practicable after the entry 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)(J), and an application, the parties will submit to further proceedings before
the specia1 master to award reasonable attorneys' fees and costs incurred in proceeding upon this
petition.
10. Petitioner and her 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 liable
wider 42 U.S.C. § 300aa-15(g), to the extent that payment has been made or can reasonably be
expected to be made under any State compensation programs, insurance policies, Federal or
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.
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Case 1:21-vv-00768-UNJ Document 44 Filed 12/05/22 Page 5 of 7
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 unreirnbursable 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-l 5(g) and (h).
13. In return for the payments described in paragraphs 8 and 9, petitioner, in her
individual capacity, and on 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, 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 flu vaccination administered on September 4, 2020, as
alleged in a petition for vaccine compensation filed on or about January 19, 2021, in the United
States Court of Federal Claims as petition No. 21-768V.
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.
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Case 1:21-vv-00768-UNJ Document 44 Filed 12/05/22 Page 6 of 7
15. If the special master fails to issue a decision in complete confonnity with the tenns
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 tenns of this Stipulation, then the parties•
settlement and th.is 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 ofd amages, 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.
J7 . 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 her 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 STIPULATION
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Case 1:21-vv-00768-UNJ Document 44 Filed 12/05/22 Page 7 of 7
Respectfully submitted,
PETITIONER:
Celina Ramirez (Oct 31, 202219:46 PDT)
CELINA RAMIREZ
ATTORNEY OF RECORD FOR AUTHORIZED REPRSENTATIVE
PETITIONEI'-'·---.. OF THE A' ITORNEY GENERAL:
~~~~
cMtet-...._
J :A.. ZGHEIB HEATHER L. PEARLMAN
gheib Sayad, P.C. Deputy Director
75 South Broadway, 4th Floor Torts Branch
White Plains, New York 10601 Civil Division
Tel: (914) 729-1110 U.S. Department of Justice
Email: jirn@vaccinelawyers.com P.O. Box 146
Benjamin Franklin Station
Washington, DC 20044-0146
AUTHORIZED REPRESENTATIVE ATTORNEY OF RECORD FOR
OF THE SECRETARY OF HEALTH RESPONDENT:
AND HUMAN SERVICES:
George R.
Digitally signed by George R.
Gti~s -S14
Grimes -S 14
Date:2022.10.281S:28:31 ·04'00'
CDR GEORGE REED GRIMES, MD, MPH
Director, Division of Injury
Compensation Programs 1vil Division
Health Systems Bureau . ntofJustice
Health Resources and Services P.O. Box 146
Administration Benjamin Franklin Station
U.S. Department of Health Washington, DC 20044-0146
and Human Services Tel: (202) 616-3655
5600 Fishers Lane, 08N1468 Email: james.lopez@usdoj.gov
Rockville, MD 20857
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