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 STIPULATION1

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 she 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. Petition at 1, ¶¶ 2, 21; Stipulation, filed at June 16, 

2022, ¶¶ 1-2, 4. Petitioner further alleges that she received the vaccine in the United 

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

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

alleged SIRVA injury. Petition at ¶¶ 2, 20, 22-23; Stipulation at ¶¶ 3-5. "Respondent 

denies that [P]etitioner suffered the onset of her alleged shoulder injury within the Table 

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

1 Because this unpublished Decision contains a reasoned explanation for the action in this case, I am 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 EGovernment 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).

In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS 

No. 20-0293V 

UNPUBLISHED 
2

A lump sum of $59,075.58 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.

other injury and further denies that her current disabilities are a sequela of a vaccinerelated injury.” Stipulation at ¶ 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. 

Pursuant to the terms stated in the attached Stipulation, I award the following 

compensation: