VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_14-vv-01010
Package ID: USCOURTS-cofc-1_14-vv-01010
Petitioner: Elizabeth Schandel
Filed: 2014-10-17
Decided: 2015-05-12
Vaccine: influenza
Vaccination date: 2011-10-20
Condition: rotator cuff tear
Outcome: dismissed
Award amount USD: 

AI-assisted case summary:
Elizabeth Schandel filed a claim on October 17, 2014, alleging that an influenza vaccination administered on October 20, 2011, caused her to suffer a rotator cuff tear. The parties filed a joint status report on April 10, 2015. In this report, they agreed that Elizabeth Schandel's New York State claim was dismissed on February 23, 2015. Because her civil action was still pending when this Vaccine Program claim was filed on October 17, 2014, the parties agreed that the claim was not properly filed under the National Vaccine Injury Compensation Program and must be dismissed without prejudice. Chief Special Master Denise Kathryn Vowell concurred with the parties' agreement and dismissed the claim without prejudice. She noted that if Elizabeth Schandel refiles her claim within one year of the dismissal of her civil action, the filing date of her New York State action will be considered the filing date of her Vaccine Act petition. The clerk was directed to enter judgment accordingly. Damon Hagan, Esq., represented the petitioner, and Ann Martin, Esq., represented the respondent. The public decision does not describe the specific onset of symptoms, medical tests, treatments, or expert witnesses.

Theory of causation field:
Petitioner Elizabeth Schandel alleged that an influenza vaccine administered on October 20, 2011, caused a rotator cuff tear. The parties agreed that the claim was not properly filed under the National Vaccine Injury Compensation Program because a related civil action was still pending at the time of filing. Consequently, the claim was dismissed without prejudice by Chief Special Master Denise Kathryn Vowell. The public decision does not detail the specific medical mechanism, expert testimony, or evidence presented regarding causation. The outcome was a dismissal without prejudice, with the possibility of refiling within one year of the civil action's dismissal to preserve the original filing date. Petitioner was represented by Damon Hagan, Esq., and respondent by Ann Martin, Esq.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_14-vv-01010-0
Date issued/filed: 2015-05-12
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 04/21/2015) regarding 14 DECISION of Special Master ( Signed by Chief Special Master Denise Kathryn Vowell.)(mpj) Copy to parties.
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Case 1:14-vv-01010-UNJ Document 15 Filed 05/12/15 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 14-1010V
Filed: April 21, 2015
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
ELIZABETH SCHANDEL, *
*
Petitioner, *
v. * SPU; Pending Civil Action;
* Influenza Vaccine; Rotator Cuff Tear
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Damon Hagan, Esq., Mayer, Ross, & Hagan, PC, Patchogue, NY, for petitioner.
Ann Martin, Esq., U.S. Dept. of Justice, Washington, DC, for respondent.
DECISION1
Vowell, Chief Special Master:
On October 17, 2014, petitioner filed a claim for compensation pursuant to the
National Vaccine Injury Compensation Program [“Vaccine Program” or “the Program”].2
Petitioner alleges that she suffered a rotator cuff tear that was caused-in-fact by her
influenza (“flu”) vaccination administered on October 20, 2011. Petition at ¶10.
The parties filed a joint status report [“JSR”] on April 10, 2015. The parties agree
that for purposes of §11(a)(2)(B) petitioner’s New York State claim was dismissed on
February 23, 2015. JSR at ¶ 3. As such, the parties agree that petitioner’s civil action
was still pending when this claim was filed on October 17, 2014. JSR at ¶4.
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 The National Vaccine Injury Compensation Program [“Vaccine Program” or “the 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-10 et seq. (2006) [“Vaccine Act” or “the Act”]. All citations in this
Decision to individual sections of the Vaccine Act are to 42 U.S.C. § 300aa.

Case 1:14-vv-01010-UNJ Document 15 Filed 05/12/15 Page 2 of 2
Accordingly, the parties further agree that this claim “was not properly filed” under the
Vaccine Act and “must be dismissed without prejudice.” JSR at ¶4. I concur.
§11(a)(5)(B).
If petitioner refiles her claim under the Vaccine Act within one year of the
dismissal of her civil action in New York State the filing date of her New York State
action will be considered the filing date of her Vaccine Act petition. §11(a)(2)(B).
Thus, this claim is dismissed without prejudice. The clerk is directed to
enter judgment accordingly.
IT IS SO ORDERED.
s/ Denise K. Vowell
Denise K. Vowell
Chief Special Master
2