VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_15-vv-01055
Package ID: USCOURTS-cofc-1_15-vv-01055
Petitioner: Lori Lee-Strobl
Filed: 2015-09-21
Decided: 2016-08-05
Vaccine: influenza
Vaccination date: 2014-10-23
Condition: shoulder injury
Outcome: compensated
Award amount USD: 95679

AI-assisted case summary:
On September 21, 2015, Lori Lee-Strobl filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging she suffered a shoulder injury as a result of receiving an influenza vaccine on October 23, 2014. She further alleged that the residual effects of this injury persisted for more than six months. The respondent denied that the influenza vaccine caused the petitioner's shoulder injury or any other injury. On June 21, 2016, the parties filed a joint stipulation agreeing that compensation should be awarded. Chief Special Master Nora Beth Dorsey found the stipulation reasonable and adopted it as the decision of the Court. Lori Lee-Strobl was awarded a lump sum of $93,000.00 for all items of damages, plus $2,679.34 to reimburse a Medicaid lien, totaling $95,679.34. The decision was issued on August 5, 2016. Petitioner was represented by Anne Carrion Toale, and respondent was represented by Sarah Christina Duncan.

Theory of causation field:
Petitioner Lori Lee-Strobl alleged a shoulder injury following an influenza vaccine administered on October 23, 2014, with residual effects lasting over six months. Respondent denied causation. The parties filed a joint stipulation for compensation, which was adopted by Chief Special Master Nora Beth Dorsey. The stipulation indicates a "Table" theory of causation was utilized, as no specific medical mechanism or expert testimony was detailed in the provided text. The award included $93,000.00 for damages and $2,679.34 for a Medicaid lien, totaling $95,679.34. The decision was issued on August 5, 2016. Petitioner's counsel was Anne Carrion Toale, and respondent's counsel was Sarah Christina Duncan.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_15-vv-01055-0
Date issued/filed: 2016-08-05
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 06/21/2016) regarding 26 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
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Case 1:15-vv-01055-UNJ Document 30 Filed 08/05/16 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 15-1055V
Filed: June 21, 2016
UNPUBLISHED
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
LORI LEE-STROBL, *
*
Petitioner, * Joint Stipulation on Damages;
v. * Influenza (“Flu”) Vaccine; Shoulder
* Injury; Special Processing Unit (“SPU”)
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Anne Carrion Toale, Maglio Christopher & Toale, Sarasota, FL, for petitioner.
Sarah Christina Duncan, U.S. Department of Justice, Washington, DC, for respondent.
DECISION ON JOINT STIPULATION1
Dorsey, Chief Special Master:
On September 21, 2015, Lori Lee-Strobl (“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 she suffered from a
shoulder injury as a result of receiving an influenza (“flu”) vaccine on October 23, 2014.
Petition at 1-2; Stipulation, filed June 21, 2016, at ¶ 2, 4. Petitioner further alleges that
she experienced the residual effects of this injury for more than six months. Petition at
2; Stipulation at ¶ 4. “Respondent denies that the influenza vaccine caused petitioner to
suffer from a shoulder injury or any other injury.” Stipulation at ¶ 6.
Nevertheless, on June 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-01055-UNJ Document 30 Filed 08/05/16 Page 2 of 7
The parties stipulate that petitioner shall receive the following compensation:
a. A lump sum of $93,000.00, 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.
b. A lump sum of $2,679.34, which amount represents reimbursement of a
Medicaid lien, in the form of a check payable jointly to petitioner and
State of Connecticut
Department of Administrative Services
165 Capitol Avenue
Hartford, CT 06106-1658
Petitioner agrees to endorse this check to the State of Connecticut, Department
of Administrative Services.
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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