VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_12-vv-00635 Package ID: USCOURTS-cofc-1_12-vv-00635 Petitioner: Laura M. Stolowski Filed: 2016-03-18 Decided: 2016-03-21 Vaccine: influenza Vaccination date: 2009-10-07 Condition: rheumatologic disorder, immunologic disorder, rheumatoid arthritis, and other rheumatologic defects Outcome: compensated Award amount USD: 157558 AI-assisted case summary: Petitioner Laura M. Stolowski filed a petition on March 18, 2016, alleging that she suffered a rheumatologic disorder, immunologic disorder, rheumatoid arthritis, and other rheumatologic defects, which were caused or significantly aggravated by an influenza vaccine she received on October 7, 2009. She further alleged that she suffered residual effects from this injury for more than six months. The respondent denied that the flu vaccine caused the alleged injuries. The parties reached a stipulation to resolve the case, which was adopted by the Special Master. The decision, issued on March 21, 2016, awarded Ms. Stolowski a total of $157,558.01. This award consisted of a lump sum of $130,000.00 payable to Ms. Stolowski and a lump sum of $27,558.01 to reimburse a Medicaid lien, payable jointly to Ms. Stolowski and the Treasurer of the State of New Jersey. Petitioner was represented by Ramon Rodriguez, III, and respondent was represented by Justine E. Walters. Special Master Laura D. Millman issued the decision. Theory of causation field: Petitioner Laura M. Stolowski alleged that an influenza vaccine administered on October 7, 2009, caused or significantly aggravated a rheumatologic disorder, immunologic disorder, rheumatoid arthritis, and other rheumatologic defects, with residual effects lasting more than six months. Respondent denied causation. The parties reached a stipulation to resolve the case. The public decision does not describe the specific mechanism of causation, expert testimony, or detailed clinical facts. The Special Master adopted the stipulation, awarding a total of $157,558.01, comprising a $130,000.00 lump sum to the petitioner and $27,558.01 to reimburse a Medicaid lien. The decision was issued by Special Master Laura D. Millman on March 21, 2016. Petitioner's counsel was Ramon Rodriguez, III, and respondent's counsel was Justine E. Walters. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_12-vv-00635-0 Date issued/filed: 2016-04-11 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 03/21/2016) regarding 49 DECISION Stipulation/Proffer Signed by Special Master Laura D Millman. (tlf) Copy to parties. -------------------------------------------------------------------------------- Case 1:12-vv-00635-UNJ Document 53 Filed 04/11/16 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 12-635V Filed: March 21, 2016 Not for Publication ************************************* LAURA M. STOLOWSKI, * * Petitioner, * Damages decision based on * stipulation; rheumatologic disorder; v. * immunologic disorder; rheumatoid * arthritis; other rheumatologic SECRETARY OF HEALTH * defects; influenza (“flu”) vaccine AND HUMAN SERVICES, * * Respondent. * * ************************************* Ramon Rodriguez, III, Richmond, VA, for petitioner. Justine E. Walters, Washington, DC, for respondent. MILLMAN, Special Master DECISION AWARDING DAMAGES1 On March 18, 2016, the parties filed the attached stipulation in which they agreed to settle this case and described the settlement terms. Petitioner alleges that she suffered rheumatologic disorder, immunologic disorder, rheumatoid arthritis, and other rheumatologic defects that were caused or significantly aggravated by her October 7, 2009 receipt of influenza (“flu”) vaccine. Petitioner further alleges that she suffered the residual effects of this injury for more than six months. Respondent denies that petitioner’s alleged rheumatologic disorder, immunologic disorder, rheumatoid arthritis, other rheumatologic defects, or any other injury, were caused by flu vaccine. Nonetheless, the parties agreed to resolve this matter informally. 1 Because this unpublished decision contains a reasoned explanation for the special master’s action in this case, the special master intends to post this unpublished decision 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). Vaccine Rule 18(b) states that all decisions of the special masters will be made available to the public unless they contain trade secrets or commercial or financial information that is privileged and confidential, or medical or similar information whose disclosure would constitute a clearly unwarranted invasion of privacy. When such a decision is filed, petitioner has 14 days to identify and move to redact such information prior to the document=s disclosure. If the special master, upon review, agrees that the identified material fits within the banned categories listed above, the special master shall redact such material from public access. Case 1:12-vv-00635-UNJ Document 53 Filed 04/11/16 Page 2 of 7 The undersigned finds the terms of the stipulation to be reasonable. The court hereby adopts the parties’ said stipulation, attached hereto, and awards compensation in the amount and on the terms set forth therein. Pursuant to the stipulation, the court awards: a. a lump sum of $130,000.00, in the form of a check payable to petitioner; and b. a lump sum of $27,558.01, representing reimbursement of a Medicaid lien. The award shall be in the form of a check for $27,558.01, made payable jointly to petitioner and Treasurer, State of New Jersey Health Management Systems, Inc. P.O. Box 416522 Boston, MA 02241-6522 Medicaid ID: 132082129001 Petitioner agrees to endorse this check to the Treasurer of the State of New Jersey. The awards represent compensation in satisfaction of 42 U.S.C. § 300aa-15(a). In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of the court is directed to enter judgment herewith.2 IT IS SO ORDERED. Dated: March 21, 2016 s/ Laura D. Millman Laura D. Millman Special Master 2 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by each party, either separately or jointly, filing a notice renouncing the right to seek review. 2 Case 1:12-vv-00635-UNJ Document 53 Filed 04/11/16 Page 3 of 7 Case 1:12-vv-00635-UNJ Document 53 Filed 04/11/16 Page 4 of 7 Case 1:12-vv-00635-UNJ Document 53 Filed 04/11/16 Page 5 of 7 Case 1:12-vv-00635-UNJ Document 53 Filed 04/11/16 Page 6 of 7 Case 1:12-vv-00635-UNJ Document 53 Filed 04/11/16 Page 7 of 7