VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_15-vv-00863
Package ID: USCOURTS-cofc-1_15-vv-00863
Petitioner: Howard Margulies
Filed: 2015-08-12
Decided: 2016-05-13
Vaccine: influenza
Vaccination date: 2014-10-05
Condition: shoulder injury related to vaccine administration
Outcome: compensated
Award amount USD: 75000

AI-assisted case summary:
Howard Margulies filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that he suffered a shoulder injury as a result of an influenza vaccination received on October 5, 2014. He further alleged that he suffered the effects of his injury for more than six months. Respondent denied that the flu vaccine caused petitioner’s shoulder injury, any other injury, or his current disabilities. Nevertheless, the parties filed a joint stipulation agreeing that a decision should be entered awarding compensation. The court found the stipulation reasonable and adopted it as the decision of the Court in awarding damages. Mr. Margulies was awarded a lump sum of $75,000.00, representing compensation for all items of damages available under the Vaccine Act. The decision was based on a joint stipulation for damages, and the theory of causation was not explicitly stated as either Table or Off-Table.

Theory of causation field:
unclear

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_15-vv-00863-0
Date issued/filed: 2016-05-13
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 03/21/2016) regarding 20 DECISION Stipulation/Proffer. Signed by Chief Special Master Nora Beth Dorsey. (tpj) Copy to parties.
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Case 1:15-vv-00863-UNJ Document 30 Filed 05/13/16 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 15-0863V
Filed: March 21, 2016
Unpublished
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
HOWARD MARGULIES, *
*
Petitioner, * Joint Stipulation on Damages;
* Influenza (“Flu”) Vaccine; Shoulder
v.
* Injury Related to Vaccine Administration
SECRETARY OF HEALTH * (“SIRVA”); Special Processing Unit
AND HUMAN SERVICES, * (“SPU”)
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Maximillian Muller, Muller Brazil, LLP, Dresher, PA, for petitioner.
Claudia Gangi, U.S. Department of Justice, Washington, DC, for respondent.
DECISION ON JOINT STIPULATION1
Dorsey, Chief Special Master:
On August 12, 2015, Howard Margulies (“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 a shoulder
injury as a result of an influenza (“flu”) vaccination received on October 5, 2014.
Petition at 1; Stipulation, filed Mar. 21, 2016, at ¶¶ 2, 4. Petitioner further alleges that
he suffered the effects of his injury for more than six months. Petition at 1; Stipulation at
¶ 4. “Respondent denies that the flu vaccine caused petitioner’s shoulder injury, any
other injury, or his current disabilities.” Stipulation at ¶ 6.
Nevertheless, on March 21, 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-00863-UNJ Document 30 Filed 05/13/16 Page 2 of 7
The parties stipulate that petitioner shall receive the following compensation:
A lump sum of $75,000.00 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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