VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_22-vv-00367 Package ID: USCOURTS-cofc-1_22-vv-00367 Petitioner: Mae Macaluso Filed: 2022-03-31 Decided: 2026-03-03 Vaccine: influenza Vaccination date: 2020-10-05 Condition: shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 7000 AI-assisted case summary: Mae Macaluso filed a petition for compensation under the National Vaccine Injury Compensation Program on March 31, 2022, alleging injuries related to an influenza vaccine she received on October 5, 2020. She claimed a shoulder injury related to vaccine administration (SIRVA) that occurred within the Table timeframe, or alternatively, that the vaccine caused or aggravated a pre-existing shoulder injury. Respondent denied the claims. The parties subsequently filed a joint stipulation agreeing to a settlement. Chief Special Master Corcoran adopted the stipulation as the decision, awarding Mae Macaluso a lump sum of $7,000.00 for all damages. The case was resolved by this decision on March 3, 2026. Theory of causation field: Table Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_22-vv-00367-0 Date issued/filed: 2026-04-08 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 03/03/2026) regarding 53 DECISION Stipulation/Proffer. ( Signed by Chief Special Master Brian H. Corcoran. )(mpj) Service on parties made. -------------------------------------------------------------------------------- Case 1:22-vv-00367-UNJ Document 56 Filed 04/08/26 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 22-0367V MAE MACALUSO, Chief Special Master Corcoran Petitioner, v. Filed: March 3, 2026 SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Mark Theodore Sadaka, Law Offices of Sadaka Associates, LLC, Englewood, NJ, for Petitioner. Naseem Kourosh, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON JOINT STIPULATION1 On March 31, 2022, Mae Macaluso filed a petition for compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.2 (the “Vaccine Act”). The petition seeks compensation for injuries allegedly related to Petitioner’s receipt of an influenza (“flu”) vaccine, which vaccine is listed in the Vaccine Injury Table (the “Table”), 42 C.F.R. § 100.3(a), on October 5, 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 Petitioner’s alleged shoulder injury was caused by, or a pre-existing shoulder injury was significantly aggravated by, 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 1:22-vv-00367-UNJ Document 56 Filed 04/08/26 Page 2 of 7 the vaccine. Petitioner further alleges that she experienced the residual effects of this condition for more than six months. Respondent denies that Petitioner sustained a SIRVA Table injury; denies that the vaccine caused or significantly aggravated Petitioner’s alleged shoulder injury, or any other injury; and denies that Petitioner’s current condition is a sequela of a vaccine-related injury. Nevertheless, on March 3, 2026, the parties filed the attached joint stipulation3 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 $7,000.00 to be paid through an ACH deposit to Petitioner’s counsel’s IOLTA account for prompt disbursement 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.4 IT IS SO ORDERED. s/Brian H. Corcoran Brian H. Corcoran Chief Special Master 3 In attaching the parties’ joint stipulation, I have omitted the last page – a VineSign form that includes personal information regarding Petitioner. 4 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 1:22-vv-00367-UNJ Document 56 Filed 04/08/26 Page 3 of 7 Vinesign Document ID: 79DADFCD-E8D4-4060-9806-FE0C74ADB6DA 11 THE UNlTED STATES COURT OF FEDERAL CLAIMS OFFICE Of SPECIAL MASTERS M/\1':: MJ\CJ\LU 0 Petitioner, \'. No. 22-367\' (LCF) Chief Special Master :orcoran o~· ECRET /\RY I 1E /\ L Tl I D llUMA 1• ER.VICES, Respondent. STJPULATIO~ The parties hereby stipulate to the rollowing mauer.-: I. Mac '1aec1luso, p~titioncr, l'ikd a pdition for vaccine compcn ·ation under the J\ational Vaccine Injury Cornpens<1tion Program. -+2 ... §§ "00aa-10 el seq. (the·· accinc Program"). The petition seeks co111pcnsation for injuries allegedly related to petitioner's receipt or the inl1uenza c·Jlu') vaccine, \\·hich vaccine is contained in the Vaccine Injury Table (the ·Table"). 42 C.F.R. ~ I 0(U(a). 2. Petitioner received a flu \·accine in her left arm on October 5, 2020. 3. The vaccination wa • administered within the United tales. 4. Petitioner alleges that petitioner sustained a shoulder injury relatt:d to vaccine aci111inistratio11 ( .. SIRVA") as et forth i 11 the Tabk, or. in the alternative. that petitioner's alleged shoulder injury \\'cb caused by, or a pre-existing shoulckr injury was signilicantly aggravated by, the vaccine. Pditio11er further alleges that petitioner experienced the residual e rfccts f this condition for more than ix 111011th . The signed document can be validated at https://app.vinesign.com/Verify Case 1:22-vv-00367-UNJ Document 56 Filed 04/08/26 Page 4 of 7 5. Petitioner represents that there has been no prior award or settlement of a civil action for damages on petitioner's behalf as a result of petitioner's condition. 6. Respondent denies that petitioner sustained a SIRVA Table injury; denies that the vaccine caused or significantly aggravated petitioner's alleged shoulder injury, 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 of judgment reflecting a decision consistent with the terms of this Stipulation, and after petitioner has filed an elect ion to receive compensation pursuant to 42 U.S.C. § 300aa-2 l(a)(I), the Secretary of Health and Human Services will issue the following rnccinc compensation payment: /\ lulllp sum or $7,000.00, to be paid through an ACH deposit to petitioner's counsel's IOLT/\ account for prompt disbursement to petitioner. This amount reprcsenrs compensation for all damages that would be available under 42 U.S.C. § 300aa-15(a). 9. As soon as practicable aft.er the entry oFjudgmcnt on cntitlerncnt in this case, and after petitioner has filed both a proper and timely election to receive compensation pursuant to 42 U.S.C. § 300aa-2 I (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. I 0. 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 liable under 42 U.S.C. § 300aa-I 5(g), to the extent that payment has been made or can 2 Case 1:22-vv-00367-UNJ Document 56 Filed 04/08/26 Page 5 of 7 reasonably be expected to be made under any Stale compensation programs, insurance policies, Federal or State health benefits programs (other than Title XfX or the Social Security Act (42 US.C. § 1396 ct seq.)), or by entities that pro\'ick health services on a pre-paid basis. I I. Payment made pursuant to paragraph 8 of this Stipulation and any amounts awarded pursuant to paragraph 9 or this Stipulation will be made in accordance with 42 U.S.C. ~ 300aa- l 5(i), subject to the a,·ailability of'sufficient statutory funds. 12. The parties and their atlorneys further agree and stipulate that. except for any award ror allorncys' Ices and litigation costs. and past unrcimbursable expenses, the money provided pursuant to this Stipulation will be used solely for petitioner's benefit as contemplated by a strict construction or 42 U.S.C. ~~ 300aa-l 5(a) and (cl), and subject to the conditions or 42 U.S.C. ~~ 300aa-l 5(gl and (h). 13. 111 retum lor the paymcnIs described in paragraphs 8 and tJ, pc1i1inncr. in petitioner's individual capacity, and on behalf or petitioner's heirs, executors, administrators, successors or assigns, docs forc,·cr irrc,·ocably and unconditionally release, acquit and discharge the UniLed Stales and the Secretary of I kalth and Human Sc1Ticcs from any and all actions or causes of action (including agreements, judgments, claims, damages. loss or services, expenses and all demands or \\'hatcver kind or nature) that have been brought, could have been brought, or could be timely brought in the Court or Federal Claims, under the Vaccine Program. 42 lJ.S.C. § JO0aa-10 et seq., on accoulll oL or in any way growing out oL any and all known or unknown, suspected or unsuspected personal injuries to or death or petitioner resulting from, or alleged to nu have resulted from, the vaccination administered 011 October 5. 2020, as alleged by petitioner in a petition for vaccine compensation filed on or about March 31, 2022 in the United States Court of Federal Claims as petition To. 22-367V. 3 Case 1:22-vv-00367-UNJ Document 56 Filed 04/08/26 Page 6 of 7 14. If petitioner should die prior to entry ofj udgment, this agreement shal I be voidable upon proper notice Lo the Court on behalf of either or both of the parties. J 5. If the special master fails to issue a decision in complete conformity \\·ith the terms of this Stipulation or if the Court of Federal Claims fails to enter judgment in conConnity 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 seulement 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 pati 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 parries further agree and understand that the award described in this Stipulation may renect a co111pro111ise of the parties' respective positions as to liability and/or amount or damages, and further, that a change in the nature of' the injury or condition or in the items of co111p(:11sation sought, is not grounds to modify or revise this agreement. 17. This Stipulation shall not be construed as an admission by the United Slates or the Sccrdary of J lea Ith and I Ju man Sen·iee that the nu \'accinc caused or significantly aggravated petitioner's alleged injury or any other injury or petitioner's current disabiliLies, 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. £NO OF STIPULAT IO\! 4 Case 1:22-vv-00367-UNJ Document 56 Filed 04/08/26 Page 7 of 7 Respectfully submitted, PETITIO~ER: MAE MACALUSO ATTOR 'EV OF RECORD AUTHORIZED REPRESENTATIVE FOR PETTTTONER: OF THE ATTORJ\EY GENERAL: v