VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_15-vv-01001 Package ID: USCOURTS-cofc-1_15-vv-01001 Petitioner: Dinnia Stehle Filed: 2015-09-10 Decided: 2016-04-27 Vaccine: influenza Vaccination date: 2014-10-15 Condition: Shoulder Injury Related to Vaccine Administration (SIRVA) Outcome: compensated Award amount USD: 70000 AI-assisted case summary: Dinnia Stehle filed a petition for compensation under the National Vaccine Injury Compensation Program alleging a shoulder injury caused by her October 15, 2014 influenza vaccination. The respondent, the Secretary of Health and Human Services, conceded entitlement to compensation, agreeing that Ms. Stehle suffered a Shoulder Injury Related to Vaccine Administration (SIRVA) causally related to the vaccination. The respondent also confirmed that no other cause for the injury was identified and that the injury persisted for more than six months. Following the ruling on entitlement, the parties proceeded to address damages. The respondent filed a proffer recommending an award of $70,000.00, which Ms. Stehle agreed to. This amount was awarded as a lump sum payment for all damages available under the Act. Subsequently, the parties filed a stipulation for attorneys' fees and costs, agreeing to an award of $16,750.00, which was also granted. The case was resolved through concessions and stipulations, resulting in compensation for Ms. Stehle. Theory of causation field: Off-Table Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_15-vv-01001-0 Date issued/filed: 2016-02-23 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 11/19/2015) regarding 14 Ruling on Entitlement ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties. -------------------------------------------------------------------------------- Case 1:15-vv-01001-UNJ Document 27 Filed 02/23/16 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 15-1001V Filed: November 19, 2015 Unpublished * * * * * * * * * * * * * * * * * * * * * * * * * * * * DINNIA STEHLE, * * Petitioner, * Ruling on Entitlement; Concession; * Influenza; * Shoulder Injury (“SIRVA”); SECRETARY OF HEALTH * Special Processing Unit (“SPU”) AND HUMAN SERVICES, * * Respondent. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Maximillian J. Muller, Muller Brazil, LLP, Dresher, PA, for petitioner. Douglass Ross, U.S. Department of Justice, Washington, DC, for respondent. RULING ON ENTITLEMENT1 Dorsey, Chief Special Master: On September 10, 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” or “Program”]. Petitioner alleges that she suffered a shoulder injury cause-in-fact by her October 15, 2014 influenza vaccination.. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. On November 18, 2015, 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 1. Specifically, respondent “has concluded that petitioner suffered a non- Table injury of SIRVA [i.e. a Shoulder Injury Related to Vaccine Administration] and that preponderance of the medical evidence indicates that the injury was causally related to 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, 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 1:15-vv-01001-UNJ Document 27 Filed 02/23/16 Page 2 of 2 the flu vaccination she received on [October 15, 20143].” Id. at 3. Respondent further agrees that no other cause of petitioner’s injury has been identified, that petitioner’s injury persisted for more than six months, and that petition 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 The language quoted here actually states incorrectly that the implicated vaccination was administered on October 1, 2012. However, this is clearly an inadvertent error. Respondent’s report identifies the implicated vaccine as having been administered on October 15, 2014, in numerous other statements within her report, including her factual summary and conclusion. See Respondent’s Rule 4(c) Report at 1, 2, 4. She also specifically indicated that petitioner’s injury persisted for six months as of April 15, 2015. Id. at 3, fn. 2. ================================================================================ DOCUMENT 2: USCOURTS-cofc-1_15-vv-01001-1 Date issued/filed: 2016-04-27 Pages: 4 Docket text: PUBLIC DECISION (Originally filed: 12/17/2015) regarding 19 DECISION Stipulation/Proffer <(Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties. -------------------------------------------------------------------------------- Case 1:15-vv-01001-UNJ Document 28 Filed 04/27/16 Page 1 of 4 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 15-1001V Filed: December 16, 2015 Unpublished * * * * * * * * * * * * * * * * * * * * * * * * * * * * DINNIA STEHLE, * * Petitioner, * Damages Decision Based on Proffer; * Influenza; * Shoulder Injury (“SIRVA”); SECRETARY OF HEALTH * Special Processing Unit (“SPU”) AND HUMAN SERVICES, * * Respondent. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Maximillian Muller, Muller Brazil, LLP, Dresher, PA, for petitioner. Douglas Ross, U.S. Department of Justice, Washington, DC, for respondent. DECISION AWARDING DAMAGES1 Dorsey, Chief Special Master: On September 10, 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” or “Program”]. Petitioner alleges that she suffered a shoulder injury following receipt of her October 15, 2014 influenza vaccination. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. On November 19, 2015, a ruling on entitlement was issued, finding petitioner entitled to compensation for a shoulder injury (“SIRVA”). On December 16, 2015, respondent filed a proffer on award of compensation [“Proffer”] indicating petitioner should be awarded $70,000.00. Proffer at 1. In the Proffer, respondent represented that petitioner agrees with the proffered award. Based on the record as a whole, the undersigned finds that petitioner is entitled to an award as stated in the Proffer. 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 1:15-vv-01001-UNJ Document 28 Filed 04/27/16 Page 2 of 4 Pursuant to the terms stated in the attached Proffer, the undersigned awards petitioner a lump sum payment of $70,000.00 in the form of a check payable to petitioner, Dinnia Stehle. 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. Case 1:15-vv-01001-UNJ Document 28 Filed 04/27/16 Page 3 of 4 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS * * * * * * * * * * * * * * * * * * * * * * * * * * * * * DINNIA STEHLE, * * Petitioner, * * v. * No. 15-1001V (ECF) * CHIEF SPECIAL MASTER * NORA BETH DORSEY SECRETARY OF HEALTH * AND HUMAN SERVICES, * * Respondent. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * RESPONDENT’S PROFFER ON AWARD OF COMPENSATION On November 19, 2015, the Chief Special Master found that a preponderance of the medical evidence indicates that petitioner suffered a shoulder injury related to vaccine administration (“SIRVA”), which was causally related to the flu vaccination she received on October 15, 2014. The parties proceeded thereafter to address the amount of compensation to be awarded in this case. I. Items of Compensation Based upon the evidence of record, respondent proffers that petitioner should be awarded a total lump sum of $70,000.00, which amount represents all elements of compensation to which petitioner would be entitled under 42 U.S.C. § 300aa-15(a).1 Petitioner agrees. 1 Should petitioner die prior to entry of judgment, respondent would oppose any award for future medical expenses, future lost earnings, and future pain and suffering, and the parties reserve the right to move the Court for appropriate relief. Case 1:15-vv-01001-UNJ Document 28 Filed 04/27/16 Page 4 of 4 II. Form of the Award The parties recommend that the compensation provided to petitioner should be made through a lump sum payment of $70,000.00 in the form of a check payable to petitioner. Petitioner agrees. Respectfully submitted, BENJAMIN C. MIZER Principal Deputy Assistant Attorney General RUPA BHATTACHARYYA Director Torts Branch, Civil Division VINCENT J. MATANOSKI Deputy Director Torts Branch, Civil Division GLENN A. MACLEOD Senior Trial Counsel Torts Branch, Civil Division /s/ DOUGLAS ROSS DOUGLAS ROSS Trial Attorney Torts Branch, Civil Division U.S. Department of Justice P.O. Box 146, Benjamin Franklin Station Washington, D.C. 20044-0146 Tel.: (202) 616-3667 DATE: December 16, 2015 2 ================================================================================ DOCUMENT 3: USCOURTS-cofc-1_15-vv-01001-2 Date issued/filed: 2016-05-02 Pages: 2 Docket text: PUBLIC DECISION (Originally filed: 12/17/2015) regarding 22 DECISION Fees Stipulation/Proffer (Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties. -------------------------------------------------------------------------------- Case 1:15-vv-01001-UNJ Document 29 Filed 05/02/16 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 15-1001V Filed: December 17, 2015 UNPUBLISHED * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * DINNIA STEHLE, * * Petitioner, * v. * * Attorneys’ Fees and Costs; Stipulation SECRETARY OF HEALTH * Special Processing Unit (“SPU”) AND HUMAN SERVICES, * * Respondent. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Maximillian Muller, Muller Brazil, LLP, Dresher, PA, for petitioner. Douglas Ross, U.S. Department of Justice, Washington, DC, for respondent. DECISION ON ATTORNEYS’ FEES AND COSTS1 Dorsey, Chief Special Master: On September 10, 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 alleged that she suffered a shoulder injury following receipt of an influenza vaccination. On December 16, 2015, the undersigned issued a decision awarding compensation to petitioner based on respondent’s proffer. On December 17, 2015, the parties filed a Stipulation of Fact Concerning Attorneys’ Fees and Costs. According to the stipulation, the parties stipulate to an award of $16,750.00. In accordance with General Order #9, petitioner’s counsel represents that petitioner incurred no out-of-pocket expenses. 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 1:15-vv-01001-UNJ Document 29 Filed 05/02/16 Page 2 of 2 The Vaccine Act permits an award of reasonable attorneys’ fees and costs. 42 U.S.C. § 300 aa-15(e). Based on the reasonableness of petitioner’s request and the lack of any objection by respondent, the undersigned GRANTS the request for approval and payment of attorneys’ fees and costs. Accordingly, the undersigned awards the total of $16,750.003 as a lump sum in the form of a check jointly payable to petitioner and petitioner’s counsel Maximillian Muller. The clerk of the court shall enter judgment in accordance herewith.4 IT IS SO ORDERED. s/Nora Beth Dorsey Nora Beth Dorsey Chief Special Master 3 This amount is intended to cover all legal expenses incurred in this matter. This award encompasses all charges by the attorney against a client, “advanced costs” as well as fees for legal services rendered. Furthermore, 42 U.S.C. § 300aa-15(e)(3) prevents an attorney from charging or collecting fees (including costs) that would be in addition to the amount awarded herein. See generally Beck v. Sec’y, HHS, 924 F.2d 1029 (Fed. Cir.1991). 4 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.