VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_23-vv-00482
Package ID: USCOURTS-cofc-1_23-vv-00482
Petitioner: Michelle Calderon
Filed: 2023-04-06
Decided: 2024-08-29
Vaccine: influenza
Vaccination date: 2021-10-14
Condition: right shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 94000

AI-assisted case summary:
Michelle Calderon filed a petition for compensation under the National Vaccine Injury Compensation Program after receiving an influenza vaccine on October 14, 2021. She alleged that she sustained a right shoulder injury related to vaccine administration (SIRVA) within the time period set forth in the Vaccine Injury Table and experienced residual effects for more than six months. Respondent denied that Petitioner sustained a SIRVA Table injury or that the vaccine caused her alleged injury. Despite these differing positions, the parties filed a joint stipulation agreeing to settle the case and award compensation. Chief Special Master Corcoran found the stipulation reasonable and adopted it as her decision. Pursuant to the stipulation, Michelle Calderon was awarded a lump sum of $94,000.00 for all items of damages. The case was resolved via a joint stipulation for compensation, with the decision entered on August 29, 2024.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_23-vv-00482-0
Date issued/filed: 2024-08-29
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 07/30/2024) regarding 25 DECISION Stipulation/Proffer ( Signed by Chief Special Master Brian H. Corcoran. )(mpj) Service on parties made.
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Case 1:23-vv-00482-UNJ Document 29 Filed 08/29/24 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 23-0482V
MICHELLE CALDERON, Chief Special Master Corcoran
Petitioner,
v. Filed: July 30, 2024
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Nancy Routh Meyers, Turning Point Litigation, Greensboro, NC, for Petitioner.
Mary Eileen Holmes, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION ON JOINT STIPULATION1
On April 6, 2023, Michelle Calderon filed a petition for compensation under the
National Vaccine Injury Compensation Program, 42 U.S.C. § 300aa-10, et seq.2 (the
“Vaccine Act”). On October 14, 2021, Petitioner received an influenza (“flu”) vaccine,
which vaccine is contained in the Vaccine Injury Table (the “Table”), 42 C.F.R. § 100.3(a).
Petitioner alleges that she sustained a right shoulder injury related to vaccine
administration (“SIRVA”) within the time period set forth in the Table following
administration of 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 Petitioner’s alleged shoulder injury, or any other injury; and denies that
Petitioner’s current condition is a sequela of a vaccine-related injury.
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 (2012).

Case 1:23-vv-00482-UNJ Document 29 Filed 08/29/24 Page 2 of 7
Nevertheless, on July 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 $94,000.00 in the form of a check payable to Petitioner.
Stipulation at 2. 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 1:23-vv-00482-UNJ Document 29 Filed 08/29/24 Page 3 of 7
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
MICHELLE CALDERON,
Petitioner, No.23-482V
Chief Special Master Corcoran
v. ECF
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
STIPULATION
The parties hereby stipulate to the following matters:
1. Michelle Calderon (“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
ofaninfluenza (“flu”)vaccine, which vaccine is contained in the Vaccine Injury Table (the
“Table”), 42 C.F.R. § 100.3(a).
2. Petitioner received aflu vaccine on October 14, 2021.
3. The vaccine was administered within the United States.
4. Petitioner alleges that petitionersustained a right Shoulder Injury Related to Vaccine
Administration (“SIRVA”) within the time period set forth in the Table following administration
of the vaccine. Petitioner further alleges that petitioner 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 petitioner’s behalf as a result of the alleged injury.
1

Case 1:23-vv-00482-UNJ Document 29 Filed 08/29/24 Page 4 of 7
6. Respondent denies that petitioner sustained a SIRVATable injury; denies that the flu
vaccine caused petitioner’s alleged SIRVA, or any other injury; and denies that petitioner’s
current condition is a sequelae 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 election to receive compensation
pursuant to 42 U.S.C. §300aa-21(a)(1), 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 $94,000.00 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-15(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)(1), 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. Petitionerand 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-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,
2

Case 1:23-vv-00482-UNJ Document 29 Filed 08/29/24 Page 5 of 7
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.
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 unreimbursed 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 petitioner’s 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
petitionerresulting from, or alleged to have resulted from, the fluvaccination administered on
October 14, 2021, as alleged in a petition for vaccine compensation filed on or about April 6,
2023, in the United States Court of Federal Claims as petition No. 23-482V.
3

Case 1:23-vv-00482-UNJ Document 29 Filed 08/29/24 Page 6 of 7
14. If petitioner should die prior to entry of judgment, 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 fluvaccine caused petitioner’s alleged SIRVA
or any other injury or petitioner’s current condition, 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 1:23-vv-00482-UNJ Document 29 Filed 08/29/24 Page 7 of 7
Respectfully submitted,
PETITIONER:
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CALDERON
A'J10RNEYOFRECORDFOR AUTHORIZED ~ RESENTATIVE
PETITIONER: OF TB'.E ATTORNEY GENERAL:
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HEATHER L. PEARLMAN
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~ o n Deputy Director
300 North Greene-street, Suite2000 Torts 'Branch
Greensboro, NC 27401 Civil Division
Tel, 336-645-3324 U.S. .D epartment of Justice
runeyers@tutningpoint1it.com P.O. Box 146
Benjamin Franklin Station
Washington, DC 20044-0146
AUTHORIZED REPRESENTATIVE ATrORNEYOFRECORDFOR
OF THE SECRETARY OF BEALTII RESPONDENT:
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CAPT GEORGE REED GRIMES, MD, MPH MARYE.H L
Director, Division of Injury Trial Attom
Compensation P.rograms To~ Branch, Civil Division
Health Systems Bureau U.S. Department of Justice
Health Resoutces and Services P.O. Box 146
Administration Benjamin Franklin Station
U.S. Department of Health Washington, DC 20044-0146
and Human Services Tel: (202) 616-5022
5600 Fishers Lane, 08W-25A Mary.E.l!olmes@usdoj.gov
Rockville, MD 20857
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