# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

Filed: February 17, 20 22

* * * * * * * * * * * * * * * * * * * * * * * * *

JENNIFER DORSO

, * No. 1 9

- 6 9 9V

*

Petitioner, * Special Master Sanders

v. *

*

SECRETARY OF HEALTH * Stipulation for Award; Influenza

AND HUMAN SERVICES, * (“Flu”) Vaccine; Shoulder Injury

* Related to Vaccine Administration

Respondent. * (“SIRVA”)

* * * * * * * * * * * * * * * * * * * * * * * * *

Michael A. Baseluos

, Baseluos Law Firm, PLLC

, San Antonio

, TX

, for Petitioner.

Mark K. Hellie

, United States Department of Justice, Washington, DC, for Respondent.

DECISION 1

On May 1 3 , 201 9

, Jennifer Dorso (“Petitioner”) filed a petition for compensation pursuant

to the National Vaccine Injury Compensation Program. 2 42 U.S.C. §§ 300aa

- 10 to

- 34 (2012)

. Petitioner alleged that the influenza (“ flu ”) vaccine s he received on November 1, 2017

, caused h er

to suff er from a shoulder injury related to vaccine administration (“SIRVA”). Pet. at 1 , ECF No.

1. Petitioner further alleged that h er injury lasted for more than six months

. See i d.

On January 26 , 202 2 , the parties filed a stipulation in which they state that a decision should

be entered awarding compensation to Petitioner. Stipulation ¶ 7 , ECF No. 58

. Respondent “denies

that [P]etitioner sustained the onset of a Table injury within the Table timeframe and further denies

that the flu vaccine caused [P]etitioner’s alleged left shoulder injury, any other injury, or her

current condition .” Id. ¶ 6. Nevertheless, the parties agree to the joint stipulation, attached hereto

as Appendix A. See id. ¶ 7. I find the stipulation reasonable and adopt it as the decision of the

Court in awarding damages, on the terms set forth therein.

The parties stipulate t hat Petitioner shall receive the following compensation:

1 This D ecision shall be posted on the website of the United States Court of Federal Claims, in accordance

with the E

- Government Act of 2002, Pub. L. No. 107

- 347, § 205, 116 Stat. 2899, 2913 (codified as

amended at 44 U.S.C. § 3501 note (2012)). This means the Dec ision will be available to anyone with

access to the Internet. As provided by Vaccine Rule 18(b), each party has 14 days within which to

request redaction “of any information furnished by that party: (1) that is a trade secret or commercial or

financial in substance and is privileged or confidential; or (2) that includes medical files or similar files,

the disclosure of which would constitute a clearly unwarranted invasion of privacy.” Vaccine Rule 18(b).

2 National Childhood Vaccine Injury Act of 1986, Pub L. No. 99

- 660, 100 Stat. 3755.2

A lump sum of $ 95

, 0 00.00 in the form of a check payable to [P]etitioner. This

amount represents compensation for all damages that would be available

under 42 U.S.C. § 300aa

- 15(a).

Id

. ¶ 8

.

I approve the requested amount for Petitioner’s compensation. Accordingly, an award

should be made consistent with the stipulation.

In the absence of a motion for review filed pursuant to RCFC Appendix B, the C lerk of

C ourt SHALL ENTER JUDGMENT in accordan ce with the terms of the parties’ stipulation. 3

IT IS SO ORDERED.

s/ Herbrina D. Sanders

Herbrina D. Sanders

Special Master

3 Pursuant to Vaccine Rule 11(a), entry of judgment is expedited by the parties’ joint filing of notice

renouncing the right to seek review.