VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_15-vv-00984
Package ID: USCOURTS-cofc-1_15-vv-00984
Petitioner: Lisa Kreisle
Filed: 2015-09-04
Decided: 2016-05-27
Vaccine: influenza
Vaccination date: 2014-09-22
Condition: skin infection with scaring [sic] and tissue loss leading to disfigurement and numbness and tingling in her left arm and fingers
Outcome: compensated
Award amount USD: 50000

AI-assisted case summary:
Lisa Kreisle filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that her September 22, 2014 influenza vaccination caused a skin infection with scarring, tissue loss, disfigurement, and numbness and tingling in her left arm and fingers. The case was assigned to the Special Processing Unit. Respondent conceded that compensation was appropriate for a 5-7mm cosmetic defect and subcutaneous tissue loss caused by the flu vaccine, and that no other causes were identified. The respondent also agreed that petitioner suffered the sequelae of her injury for more than six months and satisfied all legal prerequisites for compensation. A ruling on entitlement was issued on April 22, 2016, finding petitioner entitled to compensation. Subsequently, on April 25, 2016, respondent filed a proffer agreeing to an award of $50,000.00 for actual and projected pain and suffering, which petitioner accepted. A decision awarding damages was issued on May 27, 2016, granting petitioner a lump sum payment of $50,000.00.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_15-vv-00984-0
Date issued/filed: 2016-05-27
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 04/22/2016) regarding 21 Ruling on Entitlement ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
--------------------------------------------------------------------------------
Case 1:15-vv-00984-UNJ Document 28 Filed 05/27/16 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 15-984V
Filed: April 22, 2016
UNPUBLISHED
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
LISA KREISLE, *
*
Petitioner, * Ruling on Entitlement; Concession;
v.
* Influenza (“Flu”) Vaccination; Cosmetic
* Defect; Subcutaneous Tissue Loss;
SECRETARY OF HEALTH * Special Processing Unit (“SPU”)
AND HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
William E. Cochran, Jr., Black McLaren, et al., PC, for petitioner.
Alexis B. Babcock, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
Dorsey, Chief Special Master:
On September 4, 2015, 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 that her September 22, 2014 influenza (“flu”)
vaccination caused her to suffer a “skin infection with scaring [sic] and tissue loss
leading to disfigurement and numbness and tingling in her left arm and fingers.” Petition
at 1. The case was assigned to the Special Processing Unit of the Office of Special
Masters.
On March 24, 2016, respondent filed her Rule 4(c) report in which she concedes
that petitioner is entitled to compensation in this case. Respondent’s Rule 4(c) Report
at 2. Specifically, respondent “has determined that compensation is appropriate with
respect to a 5-7mm cosmetic defect and subcutaneous tissue loss that was caused in
1 Because this unpublished ruling 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-00984-UNJ Document 28 Filed 05/27/16 Page 2 of 2
fact by the flu vaccine she received on September 22, 2014.”3 Id. at 3. Respondent
further agrees that no other causes for petitioner’s “skin defect” have been identified
and that petitioner suffered the sequela of her injury for more than six months. Id.
Respondent also indicated that “based on the record as it now stands, petitioner has
satisfied all legal prerequisites for compensation under the Act.” Id.
In view of respondent’s concession and the evidence before me, the
undersigned finds that petitioner is entitled to compensation.
IT IS SO ORDERED.
s/Nora Beth Dorsey
Nora Beth Dorsey
Chief Special Master
3 “Although respondent did not agree that petitioner suffered from ongoing numbness and tingling as a
result of her alleged vaccine-related injury, the parties did not feel that a factual determination was
required from the Court in order to resolve damages.” See Informal Communication dated April 22, 2016.
2

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DOCUMENT 2: USCOURTS-cofc-1_15-vv-00984-1
Date issued/filed: 2016-05-31
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 04/26/2016) 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-00984-UNJ Document 29 Filed 05/31/16 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 15-984V
Filed: April 26, 2016
UNPUBLISHED
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
LISA KREISLE, *
*
Petitioner, * Damages Decision Based on Proffer;
* Influenza (“Flu”) Vaccination; Cosmetic
v.
* Defect; Subcutaneous Tissue Loss;
SECRETARY OF HEALTH * Special Processing Unit (“SPU”)
AND HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
William E. Cochran, Jr., Black McLaren, et al., PC, for petitioner.
Alexis B. Babcock, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
Dorsey, Chief Special Master:
On September 4, 2015, 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 that her September 22, 2014 influenza (“flu”)
vaccination caused her to suffer a “skin infection with scaring [sic] and tissue loss
leading to disfigurement and numbness and tingling in her left arm and fingers.” Petition
at 1. The case was assigned to the Special Processing Unit of the Office of Special
Masters.
On April 22, 2016, a ruling on entitlement was issued, finding petitioner entitled to
compensation for a 5-7mm cosmetic defect and subcutaneous tissue loss. On April 25,
2016, respondent filed a proffer on award of compensation (“Proffer”) indicating
petitioner should be awarded $50,000.00 for actual and projected pain and suffering.
Proffer at 1-2. In the Proffer, respondent represented that petitioner agrees with 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. 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-00984-UNJ Document 29 Filed 05/31/16 Page 2 of 4
proffered award. Based on the record as a whole, the undersigned finds that petitioner
is entitled to an award as stated in the Proffer.
Pursuant to the terms stated in the attached Proffer, the undersigned awards
petitioner a lump sum payment of $50,000.00 which represents compensation for
actual and projected pain and suffering, in the form of a check payable to
petitioner, Lisa Kreisle. This amount represents compensation for all damages that
would be available under § 300aa-15(a).
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

Case 1:15-vv-00984-UNJ Document 29 Filed 05/31/16 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
__________________________________________
)
LISA KREISLE, )
)
Petitioner, )
) No. 15-984
v. ) Chief Special Master Dorsey
)
SECRETARY OF HEALTH AND )
HUMAN SERVICES, )
)
Respondent. )
__________________________________________)
RESPONDENT’S PROFFER OF DAMAGES
I. Items of Compensation
For the purposes of this proffer, the term “vaccine-related” is as described in
Respondent’s Rule 4(c) Report filed on March 24, 2016.
A. Pain and Suffering
Respondent proffers that petitioner should be awarded $50,000.00 in actual and projected
pain and suffering. This amount reflects that the award for projected pain and suffering has been
reduced to net present value. See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees.
B. Past Unreimbursable Expenses
Respondent proffers that petitioner should not be awarded any past unreimbursable
expenses related to her vaccine injury. Petitioner agrees.
C. Lost Wages
The parties agree that based upon the evidence of record, petitioner’s vaccine-related
injury has not impaired her earning capacity. Therefore, respondent proffers that petitioner
should be awarded no lost future earnings as provided under the Vaccine Act, 42 U.S.C. § 300aa-
15(a)(3)(A). Petitioner agrees.
1

Case 1:15-vv-00984-UNJ Document 29 Filed 05/31/16 Page 4 of 4
II. Form of the Award
The parties recommend that compensation provided to petitioner should be made through
a lump sum payment as described below and request that the Chief Special Master’s decision
and the Court’s judgment award the following:1
A lump sum payment of $50,000.00, which represents all elements of
compensation to which petitioner would be entitled under 42 U.S.C. § 300aa-
15(a), in the form of a check payable to petitioner.
Respectfully submitted,
BENJAMIN C. MIZER
Principal Deputy Assistant Attorney General
RUPA BHATTACHARYYA
Director
Torts Branch, Civil Division
VINCENT J. MATANOSKI
Deputy Director
Tort Branch, Civil Division
MICHAEL P. MILMOE
Senior Trial Counsel
Torts Branch, Civil Division
s/ Alexis B. Babcock
ALEXIS B. BABCOCK
Senior Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146
Benjamin Franklin Station
Washington, D.C. 20044-0146
Dated: April 25, 2016 Telephone: (202) 616-7678
1 Should petitioner die prior to entry of judgment, the parties reserve the right to move the Court for appropriate
relief. In particular, respondent would oppose any award for future medical expenses and future pain and suffering.
2