VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_14-vv-01237
Package ID: USCOURTS-cofc-1_14-vv-01237
Petitioner: Arlen E. Twerdok
Filed: 2014-12-29
Decided: 2016-05-02
Vaccine: influenza
Vaccination date: 2013-01-09
Condition: shoulder injury related to vaccine administration (“SIRVA”)
Outcome: compensated
Award amount USD: 70000

AI-assisted case summary:
On December 29, 2014, Arlen E. Twerdok filed a petition for compensation under the National Vaccine Injury Compensation Program. The petitioner alleged that she suffered a shoulder injury related to vaccine administration (SIRVA) as a result of an influenza vaccine received on January 9, 2013, and that she experienced residual effects lasting more than six months. The respondent denied that the flu vaccine caused the alleged SIRVA or any other injury. Despite the respondent's denial, the parties filed a joint stipulation on December 30, 2015, agreeing to an award of compensation. Chief Special Master Nora Beth Dorsey found the stipulation reasonable and adopted it as the decision of the Court. Arlen E. Twerdok was awarded a lump sum of $70,000.00, payable to the petitioner, as compensation for all items of damages. The decision was issued on May 2, 2016. The public decision does not describe the specific onset of symptoms, medical examinations, diagnostic tests, treatments, or expert witnesses. Laurie C. TeWinkle represented the petitioner, and Julia Wernett McInerny represented the respondent.

Theory of causation field:
Petitioner Arlen E. Twerdok alleged a shoulder injury related to vaccine administration (SIRVA) from an influenza vaccine received on January 9, 2013, with residual effects lasting more than six months. Respondent denied causation. The parties filed a joint stipulation for compensation, which was adopted by Chief Special Master Nora Beth Dorsey. Petitioner was awarded $70,000.00. The public decision does not detail the specific theory of causation, medical experts, or the mechanism of injury. The decision date was May 2, 2016. Attorneys were Laurie C. TeWinkle for the petitioner and Julia Wernett McInerny for the respondent.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_14-vv-01237-0
Date issued/filed: 2016-05-02
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 12/30/2015) regarding 30 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
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Case 1:14-vv-01237-UNJ Document 37 Filed 05/02/16 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 14-1237V
Filed: December 30, 2015
UNPUBLISHED
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
ARLEN E. TWERDOK, *
*
Petitioner, * Joint Stipulation on Damages;
* Influenza (“Flu”) Vaccine; Shoulder
* Injury Related to Vaccine
SECRETARY OF HEALTH * Administration (“SIRVA”); Special
AND HUMAN SERVICES, * Processing Unit (“SPU”)
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Laurie C. TeWinkle, Law Offices of L.C. TeWinkle, LLC, Erie, PA, for petitioner.
Julia Wernett McInerny, U.S. Department of Justice, Washington, DC, for respondent.
DECISION ON JOINT STIPULATION1
Dorsey, Chief Special Master:
On December 29, 2014, petitioner filed a petition for compensation under the
National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.,2 [the
“Vaccine Act”]. Petitioner alleged that she suffered a vaccine-related injury described
as a shoulder injury related to vaccine administration (“SIRVA”) as a result of an
influenza (“flu”) vaccine she received on January 9, 2013. Petition at ¶¶ 6, 11, 15;
Stipulation filed 12/30/2015, ¶ 4. Petitioner further alleged that she experienced the
residual effects of her injury for more than six months. Stipulation¶ 4. Respondent
denies “that petitioner’s alleged SIRVA and residual side effects were caused-in-fact by
the flu vaccine. Respondent further denies that the flu vaccine caused petitioner any
other injury or her current condition. ” Stipulation, ¶ 6.
Nevertheless, on December 30, 2015, the parties filed the attached joint
stipulation, stating that a decision should be entered awarding compensation. The
1 Because this unpublished decision contains a reasoned explanation for the action in this case, the
undersigned intends 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, the undersigned agrees that the identified material fits
within this definition, the undersigned 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 (2012).

Case 1:14-vv-01237-UNJ Document 37 Filed 05/02/16 Page 2 of 7
undersigned finds the stipulation reasonable and adopts it as the decision of the Court
in awarding damages, on the terms set forth therein.
The parties stipulated that petitioner shall receive the following compensation:
A lump sum of $70,000.00, in the form of a check payable to petitioner.
Stipulation, ¶ 8. This amount represents compensation for all items of damages
that would be available under 42 U.S.C. § 300aa-15(a). Id.
The undersigned approves the requested amount for petitioner’s compensation.
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
IT IS SO ORDERED.
s/Nora Beth Dorsey
Nora Beth Dorsey
Chief Special Master
3 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by the parties’ joint filing of notice
renouncing the right to seek review.
2

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