VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_15-vv-00276
Package ID: USCOURTS-cofc-1_15-vv-00276
Petitioner: Jane Privitera
Filed: 2016-03-17
Decided: 2016-04-11
Vaccine: influenza
Vaccination date: 2013-10-08
Condition: rotator cuff tendonitis and Parsonage Turner syndrome
Outcome: compensated
Award amount USD: 80000

AI-assisted case summary:
On March 17, 2015, Jane Privitera filed a petition under the National Vaccine Injury Compensation Program, alleging that an influenza vaccine administered on October 8, 2013, caused her to develop rotator cuff tendonitis and Parsonage Turner syndrome. The respondent, the Secretary of Health and Human Services, denied that the vaccination caused these conditions or any other injury. Despite the respondent's denial, the parties reached a joint stipulation for damages. The stipulation stated that Petitioner would receive $80,000.00 as compensation for all damages available under the National Vaccine Injury Compensation Program. Special Master Lisa Hamilton-Fieldman found the stipulation reasonable and adopted it as the decision of the Court. The parties waived their right to seek review, and judgment was to be entered in accordance with the terms of the stipulation. Petitioner was represented by Isaiah R. Kalinowski of Maglio, Christopher & Toale, PA, and Respondent was represented by Justine Walters of the United States Department of Justice.

Theory of causation field:
Petitioner Jane Privitera alleged that an influenza vaccine administered on October 8, 2013, caused her to suffer from rotator cuff tendonitis and Parsonage Turner syndrome. The respondent denied causation. The parties reached a joint stipulation for damages, agreeing to an award of $80,000.00 for all damages. Special Master Lisa Hamilton-Fieldman adopted the stipulation as the decision of the Court. The public decision does not describe the specific medical mechanism, expert testimony, or detailed clinical facts supporting the alleged injuries or the theory of causation. The attorneys involved were Isaiah R. Kalinowski for Petitioner and Justine Walters for Respondent. The decision was issued on April 11, 2016.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_15-vv-00276-0
Date issued/filed: 2016-04-11
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 3/21/2016) regarding 29 DECISION Stipulation/Proffer. Signed by Special Master Lisa Hamilton-Fieldman. (mb) Copy to parties. (tjk).
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Case 1:15-vv-00276-UNJ Document 33 Filed 04/11/16 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 15-276V
Filed: March 21, 2016
* * * * * * * * * * * * * * * * UNPUBLISHED
JANE PRIVITERA, *
* Special Master Hamilton-Fieldman
Petitioner, *
* Joint Stipulation on Damages;
v. * Influenza (“Flu”) Vaccine;
* Rotator Cuff Tendonitis; Parsonage
SECRETARY OF HEALTH * Turner Syndrome.
AND HUMAN SERVICES, *
*
Respondent. *
* * * * * * * * * * * * * * * *
Isaiah R. Kalinowski, Maglio, Christopher & Toale, PA, Washington, D.C., for Petitioner.
Justine Walters, United States Department of Justice, Washington, D.C., for Respondent.
DECISION1
On March 17, 2015, Jane Privitera (“Petitioner”) filed a petition for compensation
pursuant to the National Vaccine Injury Compensation Program.2 42 U.S.C. §§ 300aa-1 to -34
(2006). Petitioner alleged that an influenza (“flu”) vaccine administered on October 8, 2013
caused her to suffer from rotator cuff tendonitis and Parsonage Turner syndrome.
On March 18, 2016, the parties filed a stipulation in which they state that a decision
should be entered awarding compensation. Respondent denies that the flu vaccination caused
Petitioner’s shoulder injury, alleged Parsonage Turner syndrome or any other injury or her
current condition. However, the parties agree to the joint stipulation, attached hereto as
1 Because this decision contains a reasoned explanation for the undersigned’s action in this case,
the undersigned intends to post this decision on the website of the United States Court of Federal
Claims, in accordance with the E-Government Act of 2002, codified as amended at 44 U.S.C. §
3501 note (2012). As provided by Vaccine Rule 18(b), each party has 14 days within which to
request redaction “of any information furnished by that party: (1) that is a trade secret or
commercial or financial in substance and is privileged or confidential; or (2) that includes
medical files or similar files, the disclosure of which would constitute a clearly unwarranted
invasion of privacy.” Vaccine Rule 18(b).
2 The National Vaccine Injury Compensation 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-1 to -34 (2006) (Vaccine Act or the Act). All citations in this decision to
individual sections of the Vaccine Act are to 42 U.S.C.A. § 300aa.
1

Case 1:15-vv-00276-UNJ Document 33 Filed 04/11/16 Page 2 of 7
Appendix A. The 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 stipulate that Petitioner shall receive the following compensation:
A lump sum of $80,000.00 in the form of a check payable to Petitioner. This amount
represents compensation for all damages that would be available under 42 U.S.C. §
300aa-15(a).
Stipulation ¶ 8.
The undersigned approves the requested amounts for Petitioner’s compensation.
Accordingly, an award should be made consistent with the stipulation.
In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of
the court SHALL ENTER JUDGMENT in accordance with the terms of the parties’
stipulation.3
IT IS SO ORDERED.
s/ Lisa Hamilton-Fieldman
Lisa Hamilton-Fieldman
Special Master
3 Pursuant to Vaccine Rule 11(a), entry of judgment is expedited by the parties’ joint filing of
notice renouncing the right to seek review.
2

CCaassee 11::1155--vvvv--0000227766--UUNNJJ DDooccuummeenntt 2383 FFiilleedd 0034//1181//1166 PPaaggee 13 ooff 57

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