VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_14-vv-00844
Package ID: USCOURTS-cofc-1_14-vv-00844
Petitioner: Virginia Bilthuis
Filed: 2015-04-24
Decided: 2015-05-15
Vaccine: influenza
Vaccination date: 2012-09-28
Condition: adhesive capsulitis
Outcome: compensated
Award amount USD: 43734

AI-assisted case summary:
Virginia Bilthuis filed a petition on September 11, 2014, alleging that an influenza vaccine administered on September 28, 2012, caused her to develop adhesive capsulitis. She sought compensation under the National Vaccine Injury Compensation Program. The respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused petitioner's condition or any resulting disabilities. Despite the denial, the parties reached a settlement agreement. The parties filed a stipulation on April 23, 2015, agreeing to settle the case and outlining the terms. The public decision does not describe the onset of symptoms, specific medical tests, or treatments. The public decision also does not name any medical experts or detail a specific theory of causation beyond the general allegation. The court adopted the stipulation, awarding Virginia Bilthuis a total of $43,734.39. This amount included a lump sum of $35,000.00 for all damages and a lump sum of $8,734.39 for attorneys' fees and costs, jointly payable to petitioner and her attorney, Edward Kraus. The decision was issued by Chief Special Master Denise Kathryn Vowell on May 15, 2015. The case was resolved via stipulation.

Theory of causation field:
Petitioner Virginia Bilthuis alleged that an influenza vaccine administered on September 28, 2012, caused adhesive capsulitis. Respondent denied causation. The parties reached a stipulation to settle the case. The public decision does not detail a specific medical mechanism or theory of causation, nor does it name any experts. The case was resolved via stipulation, with an award of $35,000.00 for damages and $8,734.39 for attorneys' fees and costs. The decision was issued by Chief Special Master Denise Kathryn Vowell on May 15, 2015. Petitioner's counsel was Edward Kraus, and respondent's counsel was Claudia Gangi. The theory of causation is noted as 'Off-Table' in the provided data, indicating it was not a standard condition listed in the Vaccine Injury Table.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_14-vv-00844-0
Date issued/filed: 2015-05-15
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 04/24/2015) regarding 14 DECISION Stipulation/Proffer, DECISION Fees Stipulation/Proffer,, (Signed by Chief Special Master Denise Kathryn Vowell.)(mpj) Copy to parties.
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Case 1:14-vv-00844-UNJ Document 18 Filed 05/15/15 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 14-844V
Filed: April 24, 2015
Unpublished
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
VIRGINIA BILTHUIS, *
*
Petitioner, * Stipulation on Damages;
* Influenza (“Flu”) Vaccine; Adhesive
* Capsulitis; Special Processing Unit
SECRETARY OF HEALTH * (“SPU”)
AND HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Edward Kraus, Esq., Law Offices of Chicago Kent, Chicago, IL, for petitioner.
Claudia Gangi, Esq., US Department of Justice, Washington, DC, for respondent.
DECISION ON STIPULATION AWARDING DAMAGES AND ATTORNEYS’ FEES
AND COSTS1
Vowell, Chief Special Master:
On September 11, 2014, Virginia Bilthuis filed a petition for compensation under
the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq,2 [the
“Vaccine Act” or “Program”]. Petitioner alleges that she suffered adhesive capsulitis
that was caused-in-fact by her influenza [“flu”] vaccination administered on September
28, 2012. Stipulation, filed April 23, 2015, ¶¶ 2, 4. Petitioner further alleges that she has
received no prior award or settlement as a result of her condition. Stipulation, ¶ 5.
Respondent denies that petitioner’s flu vaccine caused petitioner’s adhesive capsulitis,
or any other injury or her current disabilities. Stipulation, ¶ 6.
1 Because this unpublished decision contains a reasoned explanation for the action in this case, I will post
it on the United States Court of Federal Claims' website, 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
(2006)). 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 “§” references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. §
300aa (2006).

Case 1:14-vv-00844-UNJ Document 18 Filed 05/15/15 Page 2 of 7
Nevertheless, the parties have agreed to settle the case. Stipulation, ¶ 7. On
April 23, 2015, the parties filed a stipulation agreeing to settle this case and describing
the settlement terms.
The Stipulation also includes an award of attorneys’ fees and costs. Stipulation,
¶ 8(b). In accordance with General Order #9, petitioner’s counsel asserts that
petitioner incurred no out-of-pocket expenses. Id.
Respondent agrees to pay petitioner as follows:
a. lump sum of $35,000.00 in the form of a check payable to petitioner. Stipulation,
¶ 8(a). This amount represents compensation for all damages that would be
available under 42 U.S.C. § 300aa-15(a). Id.
b. lump sum of $8, 734.39 in the form of a check jointly payable to petitioner and
petitioner’s attorney, Edward Kraus. Stipulation, ¶ 8(b). This amount represents
compensation for all legal expenses that would be available under 42 U.S.C. §
300aa-15(e). Id.
I adopt the parties’ stipulation attached hereto, and award compensation in the
amount and on the terms set forth therein. In the absence of a motion for review filed
pursuant to RCFC Appendix B, the clerk of the court is directed to enter judgment in
accordance with this decision.3
s/Denise K. Vowell
Denise K. Vowell
Chief Special Master
3 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by each filing a notice renouncing
the right to seek review by a United States Court of Federal Claims judge.
2

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