### LISA ASEMOTA

,

Petitioner,

v.

SECRETARY OF HEALTH AND

HUMAN SERVICES,

Respondent. Chief Special Master Corcoran

Filed: June 17, 2022

Special Processing Unit (SPU); Joint

Stipulation on Damages; Influenza

(Flu) Vaccine; Shoulder Injury

Related to Vaccine Administration

(SIRVA)

Alison H. Haskins, Maglio Christopher & Toale, PA, Sarasota, FL , for Petitioner.

Mallori Browne Openchowski , U.S. Department of Justice, Washington, DC, for

Respondent.

DECISION ON JOINT STIPULATION 1



### On March 16, 2020

, Lisa Asemota 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 s h e suffered a shoulder injury related to vaccine

administration (“SIRVA”), a defined in the Vaccine Table, after receiving the influenza

(“flu”) vaccine on August 24, 2018

. Peti tion at 1, ¶¶ 2, 21 ; Stipulation, fil ed at June 16,

2022

, ¶¶ 1

- 2, 4

. Petitioner further allege s that she received the vaccine in the United

States, that she suffered the residual effects of her SIRVA fo r more than six months, and

that neither she nor any other party has filed a civil action or received compensation for

alleged SIRVA injury . Petit ion at ¶¶ 2 , 2 0, 22

- 23 ; Stipulation at ¶¶ 3

- 5

. " Respondent

denies th at [P]etitioner suffered the onset of her allege d shoulder injury within the Table

timeframe; denies that the flu vaccine caused [P ] etitioner ’ s alleged shoulder injury or any

1 Because this unpublished D ecision contains a reasoned explanation for the action in this case, I am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 D ecision 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 f its 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 p ertinent subpara graph of 42 U.S.C. §

300aa (2012 ). 

# In the United States Court of Federal Claims

OFFICE O F SPECIAL MASTERS

No

. 20 -0293V

UNPUBLISHED2



### A lump sum of $ 59 ,075. 58 in the form of a check payable to P etitioner

. Stipulation at ¶ 8. This amount represents compensation for all items of damages

that wo uld be available under Section 15 (a). Id

.

I approve the requested amount for P etitioner’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. 

### other inju ry and furthe r denie s that he r curren t disabilities are a sequela o f a vaccinerelated i njury. ” Stipulation a t ¶ 6.

Nevertheless, on June 16, 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.

Pursuan t to the terms stated in the attached Stipulation

, I award the following

co mpensation: