VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_15-vv-00809
Package ID: USCOURTS-cofc-1_15-vv-00809
Petitioner: Karl Zimmerman
Filed: 2015-07-30
Decided: 2016-05-18
Vaccine: influenza
Vaccination date: 2012-10-15
Condition: shoulder injury
Outcome: compensated
Award amount USD: 120000

AI-assisted case summary:
Karl Zimmerman filed a petition for compensation under the National Vaccine Injury Compensation Program on July 30, 2015, alleging that he suffered an injury to his right shoulder as a result of an influenza vaccine he received on October 15, 2012. He further alleged that he experienced residual effects of his injury for more than six months. The respondent denied that the flu vaccine caused his alleged injuries and residual effects. Nevertheless, the parties filed a joint stipulation on May 18, 2016, agreeing that a decision should be entered awarding compensation. Chief Special Master Nora Beth Dorsey reviewed the stipulation and found it reasonable, adopting it as the decision of the court. The stipulation provided for a lump sum payment of $120,000.00, payable to Mr. Zimmerman, to compensate for all items of damages available under the Vaccine Act. The decision was based on the joint stipulation of the parties. Petitioner's counsel was Paul R. Brazil of Muller Brazil, LLP, and respondent's counsel was Julia Wernett McInerny of the U.S. Department of Justice. The public decision does not describe the specific onset of symptoms, medical tests, treatments, or expert witnesses.

Theory of causation field:
Karl Zimmerman filed a petition alleging a right shoulder injury from an influenza vaccine administered on October 15, 2012, with residual effects lasting over six months. The respondent denied causation. The parties submitted a joint stipulation for compensation, which was adopted by Chief Special Master Nora Beth Dorsey. The stipulation resulted in an award of $120,000.00. The specific theory of causation, medical experts, and mechanism of injury were not detailed in the public decision, as the case was resolved via stipulation. Petitioner's counsel was Paul R. Brazil, and respondent's counsel was Julia Wernett McInerny. The decision date was May 18, 2016.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_15-vv-00809-0
Date issued/filed: 2016-06-16
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 05/18/2016) regarding 23 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
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Case 1:15-vv-00809-UNJ Document 28 Filed 06/16/16 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 15-0809V
Filed: May 18, 2016
UNPUBLISHED
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
KARL ZIMMERMAN, *
*
Petitioner, * Joint Stipulation on Damages;
v. * Influenza (“Flu”) Vaccine;
* Shoulder Injuries; Special
SECRETARY OF HEALTH * Processing Unit (“SPU”)
AND HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Paul R. Brazil, Muller Brazil, LLP, Dresher, PA, for petitioner.
Julia Wernett McInerny, U.S. Department of Justice, Washington, DC, for respondent.
DECISION ON JOINT STIPULATION1
Dorsey, Chief Special Master:
On July 30, 2015, Karl Zimmerman (“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 alleges that he suffered an injury to his right
shoulder as a result of an influenza (“flu”) vaccine he received on October 15, 2012.
Petition at 1; Stipulation, filed May 18, 2016, at ¶ 4. Petitioner further alleges he
experienced the residual effects of his injury for more than six months. Petition at 3;
Stipulation at ¶ 4. “Respondent denies that petitioner’s alleged injuries and residual
effects were caused-in-fact by the flu vaccine.” Stipulation at ¶ 6.
Nevertheless, on May 18, 2016, the parties filed the attached joint stipulation,
stating that a decision should be entered awarding compensation. The undersigned
finds the stipulation reasonable and adopts it as the decision of the Court in awarding
damages, on the terms set forth therein.
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. 44 U.S.C. § 3501 note (2012) (Federal Management and Promotion of
Electronic Government Services). 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 1:15-vv-00809-UNJ Document 28 Filed 06/16/16 Page 2 of 7
The parties stipulate that petitioner shall receive the following compensation:
A lump sum of $120,000.00, in the form of a check payable to petitioner.
Stipulation at ¶ 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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