VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_13-vv-00423 Package ID: USCOURTS-cofc-1_13-vv-00423 Petitioner: Lora Anne Zimmer Filed: 2013-06-26 Decided: 2014-05-28 Vaccine: influenza Vaccination date: 2010-11-17 Condition: bilateral upper extremity swelling, paresthesias, and arthritis Outcome: compensated Award amount USD: 20000 AI-assisted case summary: Lora Anne Zimmer filed a petition on June 26, 2013, seeking compensation for injuries she alleged were caused by an influenza vaccination received on November 17, 2010. Ms. Zimmer claimed that the vaccine induced an allergic reaction, leading to bilateral upper extremity swelling, paresthesias, and arthritis, with residual effects lasting more than six months. The respondent, the Secretary of Health and Human Services, denied that the vaccination caused petitioner's alleged injuries or her current condition. Despite the denials, both parties entered into a joint stipulation on May 1, 2014, to resolve the case. Special Master Christian J. Moran reviewed the stipulation, found it reasonable, and adopted it as the decision of the Court. As part of the stipulation, Ms. Zimmer was awarded a lump sum of $20,000.00, payable by check to her. This amount was intended to compensate for all damages available under 42 U.S.C. § 300aa-15(a). The public decision does not describe the specific onset of symptoms, medical tests performed, treatments received, or the names of any medical experts consulted by either party. The attorneys involved were Mark T. Sadaka of Sadaka & Associates for the petitioner and Alexis Babcock of the U.S. Department of Justice for the respondent. Theory of causation field: Petitioner Lora Anne Zimmer received an influenza vaccine on November 17, 2010. She alleged that this vaccination caused a vaccine-induced allergic reaction resulting in bilateral upper extremity swelling, paresthesias, and arthritis, with residual effects lasting over six months. The respondent denied causation. The parties reached a joint stipulation on May 1, 2014, which was adopted by Special Master Christian J. Moran. The stipulation resulted in a compensated award of $20,000.00 to the petitioner, Lora Anne Zimmer, represented by attorneys Mark T. Sadaka and Alexis Babcock. The public decision does not detail the specific mechanism of injury, expert testimony, or medical evidence presented. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_13-vv-00423-0 Date issued/filed: 2014-05-28 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 05/02/2014) regarding 25 DECISION Stipulation/Proffer. Signed by Special Master Christian J. Moran. (tpj) Copy to parties. -------------------------------------------------------------------------------- Case 1:13-vv-00423-UNJ Document 26 Filed 05/28/14 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS * * * * * * * * * * * * * * * * * * * * * LORA ANNE ZIMMER, * * No. 13-423V Petitioner, * Special Master Christian J. Moran * v. * Filed: May 2, 2014 * SECRETARY OF HEALTH * Stipulation; Influenza vaccine; AND HUMAN SERVICES, * swelling, paresthesias, and arthritis * Respondent. * * * * * * * * * * * * * * * * * * * * * * Mark T. Sadaka, Sadaka & Associates, Englewood, NJ, for Petitioner; Alexis Babcock, U.S. Department of Justice, Washington, D.C., for Respondent. UNPUBLISHED DECISION1 On May 1, 2014, respondent filed a joint stipulation concerning the petition for compensation filed by Lora Zimmer on June 26, 2013. In her petition, petitioner alleged that the influenza vaccine, which is contained in the Vaccine Injury Table (the “Table”), 42 C.F.R. §100.3(a), and which she received on November 17, 2010, caused her to suffer from a vaccine-induced allergic reaction resulting in bilateral upper extremity swelling, paresthesias, and arthritis. Petitioner further alleges that she experienced the residual effects of this injury for more than six months. Petitioner represents that there has been no prior award or settlement of a civil action for damages as a result of her alleged injury. Respondent denies that petitioner’s alleged injuries were caused-in-fact by her influenza vaccination, and denies that the vaccine caused any other injury or her current condition. 1 The E-Government Act of 2002, Pub. L. No. 107-347, 116 Stat. 2899, 2913 (Dec. 17, 2002), requires that the Court post this decision on its website. Pursuant to Vaccine Rule 18(b), the parties have 14 days to file a motion proposing redaction of medical information or other information described in 42 U.S.C. § 300aa-12(d)(4). Any redactions ordered by the special master will appear in the document posted on the website. Case 1:13-vv-00423-UNJ Document 26 Filed 05/28/14 Page 2 of 7 Nevertheless, the parties agree to the joint stipulation, attached hereto as “Appendix A.” The undersigned finds said stipulation reasonable and adopts it as the decision of the Court in awarding damages, on the terms set forth therein. Damages awarded in that stipulation include: A lump sum of $20,000.00 in the form of a check payable to petitioner, Lora Anne Zimmer. This amount represents compensation for all damages that would be available under 42 U.S.C. § 300aa-15(a). In the absence of a motion for review filed pursuant to RCFC, Appendix B, the clerk is directed to enter judgment in case 13-423V according to this decision and the attached stipulation.2 IT IS SO ORDERED. s/ Christian J. Moran Christian J. Moran Special Master 2 Pursuant to Vaccine Rule 11(a), the parties can expedite entry of judgment by each party filing a notice renouncing the right to seek review by a United States Court of Federal Claims judge. 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