VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_22-vv-00475
Package ID: USCOURTS-cofc-1_22-vv-00475
Petitioner: Lisa Ortiz
Filed: 2022-04-27
Decided: 2025-06-25
Vaccine: influenza
Vaccination date: 2019-10-22
Condition: Shoulder Injury Related to Vaccine Administration (SIRVA), mild subdeltoid bursitis, and chronic pain syndrome
Outcome: compensated
Award amount USD: 25000

AI-assisted case summary:
Lisa Ortiz filed a petition for vaccine compensation alleging that she suffered a Shoulder Injury Related to Vaccine Administration (SIRVA), mild subdeltoid bursitis, and chronic pain syndrome as a result of her October 22, 2019 influenza vaccination. She stated that the vaccine was administered in the United States, that she suffered residual effects for more than six months, and that there had been no prior award or settlement. Respondent denied that Ms. Ortiz sustained a SIRVA Table injury or that her alleged conditions were caused by the flu vaccine. Despite these denials, the parties reached a joint stipulation for settlement. The court found the stipulation reasonable and adopted it as its decision awarding damages. Ms. Ortiz was awarded a lump sum of $25,000.00 as compensation for all damages available under the Vaccine Act. The award was to be paid through an ACH deposit to her counsel's IOLTA account for prompt disbursement. The parties also agreed to submit to further proceedings for attorney fees and costs. This stipulation represents a full and complete negotiated settlement of liability and damages, except for attorney fees and litigation costs.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_22-vv-00475-0
Date issued/filed: 2025-06-25
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 05/13/2025) regarding 42 DECISION Stipulation/Proffer ( Signed by Chief Special Master Brian H. Corcoran. )(mpj) Service on parties made.
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Case 1:22-vv-00475-UNJ Document 46 Filed 06/25/25 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 22-475V
LISA ORTIZ, Chief Special Master Corcoran
Petitioner, Filed: May 13, 2025
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Mark Theodore Sadaka, Law Offices of Sadaka Associates, LLC, Englewood, NJ, for
Petitioner.
Meghan Murphy, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION ON JOINT STIPULATION1
On April 27, 2022, Lisa Ortiz 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”), mild subdeltoid bursitis, and chronic pain syndrome as a result
of her October 22, 2019 influenza (“flu”) vaccination. Petition at 1; Stipulation, filed May
8, 2025, ¶¶ 1-2, 4. Petitioner further alleges that she received her vaccination in the United
States, that she suffered the residual effects of her injury for more than six months, and
that there has been no prior award or settlement of a civil action on her behalf as a result
of his injury. Stipulation at ¶¶ 3-5; see Petition at ¶¶ 3,12. “Respondent denies that
[P]etitioner sustained a SIRVA Table injury; denies that [P]etitioner's alleged shoulder
injury was caused-in-fact by the flu vaccine, denies that [P]etitioner’s alleged mild
subdeltoid bursitis was caused-in-fact by the flu vaccine, denies that [P]etitioner's alleged
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-00475-UNJ Document 46 Filed 06/25/25 Page 2 of 7
chronic pain syndrome was caused-in-fact by the flu vaccine; and denies that the flu
vaccine caused [P]etitioner any other injury or her current condition.” Stipulation at ¶ 6.
Nevertheless, on May 8, 2025, the parties filed the attached joint stipulation,3
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 $25,000.00, 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 The Vinesign “Verification Complete” form found at page six of the parties’ Stipulation has been omitted
from the attached copy of the Stipulation.
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

····--·a·· ----···--·· .. ·- · __ ..,_ , ___ - ._, ,
Case 1:22-vv-00475-UNJ 1 . - v D v oLc.Jul,,.mJVIe\ n VV t " 4 'T 6 I V t. .. .J L F I ile ..J d n L 0 . 6 ~ /25/25 Page 3 of 7
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
)
LISA ORTIZ, )
)
Petitioner, )
) No. 22-475V
V. ) Chief Special Master Corcoran
) ECF
SECRET ARY OF HEALTH AND )
HUMAN SERVICES, )
)
______Res_po_nde_nt. ______)
)
STIPULATION
The parties hereby stipulate to the following matters:
I. Lisa Ortiz ("petitioner") filed a petition for vaccine compensation under the National
Vaccine Injury Compensation Program, 42 U.S.C. § 300aa-10 to -34 ("Vaccine Program"). The
petition seeks compensation for injuries allegedly related to petitioner's receipt of the influenza
("flu") vaccine, which vaccine is contained in the Vaccine Injury Table ("Table"), 42 C.F.R.
§ I 00.3(a).
2. Petitioner received the flu vaccination in her right shoulder on October 22, 20 l 9.
3. The vaccine was administered within the United States.
4. Petitioner alleges that she suffered a Shoulder Injury Related to Vaccine
Administration ("SIRVA") within the time petiod set forth in the Table, and that she experienced
residual effects of this injury for more than six months. Petitioner also alleges that her receipt of
the flu vaccine caused her to develop mild subdeltoid bursitis and "chronic pain syndrome."
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 condition.
The signed document can be validated at https://app.vinesign.comNerify

Case 1:22-vv-00475-UNJ Document 46 Filed 06/25/25 Page 4 of 7
6. Respondent denies that petitioner sustained a SIRVA Table Injury, denies that
petitioner's alleged shoulder injury was caused-in-fact by the flu vaccine, denies that petitioner's
alleged mild subdeltoid bursitis was caused-in-fact by the flu vaccine, denies that petitioner's
alleged chronic pain syndrome was caused-in-fact by the flu vaccine, and denies that the flu
vaccine caused petitioner any other injury or her current condition.
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
lhc terms of this Stipulation, and after petitioner has Ii led an election lo receive compensation
pur:-.uant to 42 U.S.C. ~ 300aa-21 (a)( I), the Secretary of I lealth and l luman Service~ will issue
the following vaccine compensation payment:
A lump sum of$25,000.00 to be paid thrnugh an ACH deposit to petitioner's counsel'~
IOL TA account for prompt disbursement to petitioner. This amount represents
compensation for all damages that would be available under 42 U.S.C. § 300aa-l 5(a).
9. As soon as practicable after the entty 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. § 300aa-21 (a)(l ), and an application, the parties will submit to further proceedings before
the special master to award reasonable attorney 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
under 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
2

Case 1:22-vv-00475-UNJ Document 46 Filed 06/25/25 Page 5 of 7
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.
11. Payment made pursuant to paragraph 8 of this Stipulation, 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 statuto1y funds.
12. The parties and their attorneys fu1ther agree and stipulate that, except for any award
for attorney 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-l 5(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 her
individual capacity and on behalf of her heirs, executors, administrators, successors or assigns,
does forever in-evocably and unconditionally release, acquit and discharge the United States and
the Secretary of Health and Human Services from any and all actions, 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 vaccine administered on or about October 22, 2019, as
alleged by petitioner in a petition for vaccine compensation filed on April 27, 2022, in the United
States Court of Federal Claims as petition No. 22-4 7 5 V.
3

Case 1:22-vv-00475-UNJ Document 46 Filed 06/25/25 Page 6 of 7
14. If petitioner should die prior to entry of judgment, this agreement shall be voidable
upon proper notice to the Cou1t on behalf of either or both of the patties.
15. If the Chief 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 tem1s of this Stipulation, then the patties'
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
patties hereto to make any payment or to do any act or thing other than i~ herein expressly stated
and clearly agreed to. The parties further agree and understand that the award de:-cribcd in this
stipulation may rellect a compromise or the parties' respective positions as to liability and1or
amount or damages, and further, that a change in the nature or 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
Sccreta1y of Health and Human Services that the flu vaccine caused petitioner's alleged shoulder
injury, nonischemic cardiomyopathy, or any other injury, 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
4

Case 1:22-vv-00475-UNJ Document 46 Filed 06/25/25 Page 7 of 7
Respectfully submitted,
PETITIONER:
LISA ORTIZ
ATTORNEY OF RECORD FOR AUTHORJZEO REPRESENTATIVE
PETITIONER: OF THE ATTORNEY GENERAL:
'"~ WM~-' J.t=:=-
MARKT. SADAK.A ttEATttER L. PEARLMAN
Sadaka Associates, LLC Deputy Director
155 North Dean Street, 4th Floor Torts Branch
Englewood, NJ 0763 I Civil Division
(20 l) 266-5670 U.S. Department of Justice
mark@sadakafirm.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:
Jeffrey 5.
Digitally signed by
Jeffrey S. Beach -S
8 eac h -S Date: 2025.04.29 ~ ft~~
09:55:41 -04'00' for
CAPT GEORGE REED GRIMES, MD, MPH MHANR.MURP
Director, Division of Injury Tri Attorney
Compensation Programs To11s Branch
Health Systems Bureau Civil Division
Health Resources and Services U.S. Department of Justice
Administration P.O. Box 146
U.S. Department of Health Benjamin Franklin Station
and Humans Services Washington, DC 20044-0146
5600 Fishers Lane, 08W-25A (202) 616-4264
Rockville, MD 20857 meghan.r.m urphy@usdoj.gov
5/~/ ~S
Dated: , ----
5