1

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

KATHY MACALUSO, * UNPUBLISHED

*

Petitioner, * No. 18-614V

*

v. * Special Master Dorsey

*

SECRETARY OF HEALTH * Decision Based on Stipulation;

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

* Injury Related to Vaccine 

Respondent. * Administration (“SIRVA”).

*

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

Shealene Priscilla Mancuso, Muller Brazil, LLP, Dresher, PA, for petitioner.

Jennifer Leigh Reynaud, US Department of Justice, Washington, DC, for respondent.

DECISION BASED ON STIPULATION1

On May 1, 2018, Kathy Macaluso (“petitioner”) filed a petition in the National Vaccine 

Injury Compensation Program.2 Petitioner alleged that as a result of an influenza (“flu”) vaccine

administered to her on September 30, 2016, petitioner suffered a shoulder injury related to 

vaccine administration (“SIRVA”). Petition at 1.

On August 26, 2020, the parties filed a stipulation recommending an award of 

compensation to petitioner. Stipulation (ECF No. 44). Respondent denies that the flu vaccine 

administered on or about September 30, 2016 caused petitioner to suffer a SIRVA, any other 

1 Because this Decision contains a reasoned explanation for the action in this case, the

undersigned is 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 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, the undersigned 

agrees that the identified material fits within this definition, the undersigned will redact such 

material from public access. 

2 The National Vaccine Injury Compensation Program is set forth in Part 2 of the National 

Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755, codified as amended, 

42 U.S.C. §§ 300aa-1 to -34 (2012) (“Vaccine Act” or “the Act”). All citations in this Decision 

to individual sections of the Vaccine Act are to 42 U.S.C. § 300aa.

In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

Filed: August 26, 2020 
2

injury, or petitioner’s current condition. Nevertheless, the parties agree to the joint stipulation, 

attached hereto as Appendix A. The undersigned finds the stipulation reasonable and adopts it as 

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

The parties stipulate that petitioner shall receive the following compensation: 

(1) A lump sum of $42,000.00 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). Stipulation at ¶ 8.

The undersigned approves the requested amount for petitioners’ 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 Clerk of 

Court SHALL ENTER JUDGMENT in accordance with the terms of the parties’ stipulation.3

IT IS SO ORDERED.

s/Nora B. Dorsey

Nora B. Dorsey

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.