VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_14-vv-00993
Package ID: USCOURTS-cofc-1_14-vv-00993
Petitioner: Christina Lokay
Filed: 2014-10-15
Decided: 2015-09-30
Vaccine: influenza
Vaccination date: 2013-11-19
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 130000

AI-assisted case summary:
Christina Lokay filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she suffered a shoulder injury related to vaccine administration (SIRVA) caused by an influenza vaccine she received on November 19, 2013. The respondent, the Secretary of Health and Human Services, conceded entitlement to compensation, agreeing that petitioner's injury was consistent with SIRVA and was caused by the flu vaccine. The respondent also confirmed that the injury lasted for more than six months and no other causes were identified. Based on this concession and the evidence, the Chief Special Master found Christina Lokay entitled to compensation. Subsequently, the parties reached a stipulation for damages, with the respondent proffering an award of $130,000.00. This amount was agreed upon by the petitioner and was intended to cover all elements of compensation available under the Vaccine Act. The court awarded this lump sum payment to Christina Lokay. Later, the parties filed a stipulation for attorney's fees and costs, agreeing upon an award of $16,901.36. This amount was awarded as a lump sum jointly payable to Christina Lokay and her counsel.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_14-vv-00993-0
Date issued/filed: 2015-02-24
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 01/12/2015) regarding 16 Ruling on Entitlement (Signed by Chief Special Master Denise Kathryn Vowell.)(mpj) Copy to parties.
--------------------------------------------------------------------------------
Case 1:14-vv-00993-UNJ Document 18 Filed 02/24/15 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 14-993V
Filed: January 12, 2015
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
CHRISTINA LOKAY, *
*
Petitioner, * Ruling on Entitlement; Concession;
* Influenza Vaccine or Flu Vaccine;
* Special Processing Unit; Shoulder Injury
SECRETARY OF HEALTH * Related to Vaccine Administration;
AND HUMAN SERVICES, * SIRVA
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Danielle Strait, Esq., Maglio, Christopher and Toale, PC Washington, DC, for petitioner.
Lara Englund, Esq., U.S. Dept. of Justice, Washington, DC for respondent.
RULING ON ENTITLEMENT1
Vowell, Chief Special Master:
On October 15, 2014, Christina Lokay 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 a shoulder injury which
was caused by the influenza vaccine she received on November 19, 2013. Petition at
1. The case was assigned to the Special Processing Unit of the Office of Special
Masters.
On January 12, 2015, respondent filed her Rule 4(c) report [“Res. Report”] in
which she concedes that petitioner is entitled to compensation in this case. Res. Report
at 3. Specifically, respondent believes petitioner’s injury is “consistent with a shoulder
injury related to vaccine administration (SIRVA)” and agrees it was caused by the flu
vaccine she received on November 19, 2013. Id. Respondent further agrees that
1 Because this unpublished ruling contains a reasoned explanation for the action in this case, I intend to
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-00993-UNJ Document 18 Filed 02/24/15 Page 2 of 2
petitioner’s injury lasted for more than six months and “[n]o other causes for petitioner’s
SIRVA were identified.” Id.
In view of respondent’s concession and the evidence before me, I find that
petitioner is entitled to compensation.
s/Denise K. Vowell
Denise K. Vowell
Chief Special Master
2

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DOCUMENT 2: USCOURTS-cofc-1_14-vv-00993-1
Date issued/filed: 2015-06-04
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 05/14/2015) regarding 25 DECISION Stipulation/Proffer (Signed by Chief Special Master Denise Kathryn Vowell.)(mpj) Copy to parties.
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Case 1:14-vv-00993-UNJ Document 28 Filed 06/04/15 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 14-993V
Filed: May 14, 2015
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
CHRISTINA LOKAY, *
*
Petitioner, * Damages Decision Based on Proffer;
* Influenza or Flu Vaccine;
* Shoulder Injury Related to Vaccine
SECRETARY OF HEALTH * Administration (“SIRVA”);
AND HUMAN SERVICES, * Special Processing Unit (“SPU”)
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Danielle Strait, Esq., Maglio, Christopher and Toale, P.A. (DC) Washington, DC, for
petitioner.
Lara Englund, Esq., U.S. Dept. of Justice, Washington, DC for respondent.
DECISION AWARDING DAMAGES1
Vowell, Chief Special Master:
On October 15, 2014, Christina Lokay 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 a shoulder injury which
was caused by the influenza vaccine she received on November 19, 2013. Petition at
1. The case was assigned to the Special Processing Unit of the Office of Special
Masters.
On January 12, 2015, I issued a ruling on entitlement, finding petitioner entitled to
compensation. On May 14, 2015, respondent filed a proffer on award of compensation
[“Proffer”] indicating petitioner should be awarded $130,000.00. Proffer at 1. According
to respondent’s Proffer, petitioner agrees to this proposed amount. Id.
1 Because this unpublished decision contains a reasoned explanation for the action in this case, I intend
to 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-00993-UNJ Document 28 Filed 06/04/15 Page 2 of 4
Pursuant to the terms stated in the attached Proffer, I award petitioner a lump
sum payment of $130,000.00 in the form of a check payable to petitioner,
Christina Lokay. This amount represents compensation for all damages that would be
available under § 300aa-15(a).
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 party filing a notice
renouncing the right to seek review.
2

CCaassee 11::1144--vvvv--0000999933--UUNNJJ DDooccuummeenntt 2248 FFiilleedd 0056//1044//1155 PPaaggee 13 ooff 24
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
CHRISTINA LOKAY, )
)
Petitioner, )
)
v. ) No. 14-993V
) Chief Special Master Denise Vowell
SECRETARY OF )
HEALTH AND HUMAN SERVICES, )
)
Respondent. )
)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
I. Compensation for Vaccine Injury-Related Items
Respondent proffers that, based on the evidence of record, petitioner should be awarded
$130,000.00. This amount represents all elements of compensation to which petitioner would be
entitled under 42 U.S.C. § 300aa-15(a)(1); -15(a)(3)(A); and -15(a)(4). Petitioner agrees.
II. Form of the Award
The parties recommend that the compensation provided to petitioner should be made as
lump sum payment of $130,000.00, in the form of a check payable to petitioner.1 Petitioner is a
competent adult. Evidence of guardianship is not required in this case. This amount accounts
for all elements of compensation under 42 U.S.C. § 300aa-15(a) to which petitioner would be
entitled.
Respectfully submitted,
BENJAMIN C. MIZER
Principal Deputy Assistant Attorney General
1 Should petitioner die prior to entry of judgment, respondent would oppose any award for future
medical expenses, future lost earnings, and future pain and suffering, and the parties reserve the
right to move the Court for appropriate relief.

CCaassee 11::1144--vvvv--0000999933--UUNNJJ DDooccuummeenntt 2248 FFiilleedd 0056//1044//1155 PPaaggee 24 ooff 24
RUPA BHATTACHARYYA
Director
Torts Branch, Civil Division
VINCENT J. MATANOSKI
Deputy Director
Torts Branch, Civil Division
MICHAEL P. MILMOE
Senior Trial Counsel
Torts Branch, Civil Division
s/ LARA A. ENGLUND
LARA A. ENGLUND
Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146 Benjamin Franklin Station
Washington D.C. 20044-0146
Tel: (202) 307-3013
E-mail: lara.a.englund@usdoj.gov
Dated: May 14, 2015
2

================================================================================
DOCUMENT 3: USCOURTS-cofc-1_14-vv-00993-2
Date issued/filed: 2015-09-30
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 09/04/2015) regarding 32 DECISION Fees Stipulation/Proffer (Signed by Special Master Denise Kathryn Vowell.)(mpj) Copy to parties.
--------------------------------------------------------------------------------
Case 1:14-vv-00993-UNJ Document 35 Filed 09/30/15 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 14-0993V
Filed: September 4, 2015
Unpublished
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
CHRSITINA LOKAY, *
*
Petitioner, *
v. *
* Attorney Fees and Costs; Stipulation
SECRETARY OF HEALTH AND *
HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
Danielle Strait, Esq., Maglio Christopher and Toale, PA, (DC) Washington, DC,
for petitioner.
Lara Englund, Esq., US Department of Justice, Washington, DC, for respondent.
DECISION ON ATTORNEY FEES AND COSTS1
Vowell, Special Master:
On October 15, 2014, Christina Lokay 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 a shoulder injury which
was caused by the influenza vaccine she received on November 19, 2013. Petition at
1. On May 14, 2015, I issued a decision awarding compensation to petitioner based on
respondent’s proffer to which petitioner agreed.
1 Because this unpublished decision contains a reasoned explanation for the action in this case, I intend
to post this decision 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), petitioners have 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-00993-UNJ Document 35 Filed 09/30/15 Page 2 of 2
On September 4, 2015, the parties filed a Stipulation of Facts Regarding Final
Attorneys’ Fees and Costs. According to the stipulation, the parties agree upon an
award of $16,901.36 for attorney’s fees and costs. In compliance with General Order
#9, petitioner filed a statement indicating “did not incur costs related to the litigation of
this matter.” Declaration, filed Sept. 4, 2015. Petitioner’s counsel also represents that
petitioner incurred no out-of-pocket expenses. Stipulation, ¶ 4.
The Vaccine Act permits an award of reasonable attorneys’ fees and costs. 42
U.S.C. § 300 aa-15(e). I find the proposed amount to be reasonable.
Accordingly, I award the total of $16,901.363 as a lump sum in the form of a
check jointly payable to petitioner and petitioner’s counsel Danielle Strait.
IT IS SO ORDERED.
s/Denise K. Vowell
Denise K. Vowell
Special Master
3 This amount is intended to cover all legal expenses incurred in this matter. This award encompasses all
charges by the attorney against a client, “advanced costs” as well as fees for legal services rendered.
Furthermore, 42 U.S.C. § 300aa-15(e)(3) prevents an attorney from charging or collecting fees (including
costs) that would be in addition to the amount awarded herein. See generally Beck v. Sec’y, HHS, 924
F.2d 1029 (Fed. Cir.1991).
2