VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_15-vv-01107
Package ID: USCOURTS-cofc-1_15-vv-01107
Petitioner: Karen Jehlen
Filed: 2015-10-01
Decided: 2016-11-01
Vaccine: influenza
Vaccination date: 2014-09-20
Condition: shoulder injuries
Outcome: compensated
Award amount USD: 75000

AI-assisted case summary:
Karen Jehlen filed a petition on October 1, 2015, seeking compensation under the National Vaccine Injury Compensation Program. She alleged that her influenza vaccination on September 20, 2014, caused shoulder injuries that persisted for more than six months. Ms. Jehlen also stated she had not received any prior compensation for these damages. The respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused her injury or any other condition. Despite the respondent's denial, the parties filed a joint stipulation on August 22, 2016, agreeing to an award of compensation. Chief Special Master Nora Beth Dorsey reviewed the stipulation and found it reasonable, adopting it as the Court's decision. Ms. Jehlen was awarded a lump sum of $75,000.00, payable by check, as compensation for all items of damages. The decision was finalized on November 1, 2016. The public decision does not describe the specific onset of symptoms, medical examinations, treatments, or expert witnesses. Petitioner was represented by Maximillian J. Muller of Muller Brazil, LLP, and respondent was represented by Heather Lynn Pearlman of the U.S. Department of Justice.

Theory of causation field:
Petitioner Karen Jehlen alleged that her September 20, 2014, influenza vaccination caused shoulder injuries. The condition allegedly persisted for more than six months. Respondent denied causation. The parties filed a joint stipulation for compensation, which was approved by Chief Special Master Nora Beth Dorsey. Petitioner was awarded $75,000.00 as a lump sum. The public decision does not specify the theory of causation, whether it was on or off the Vaccine Injury Table, or name any medical experts. The decision date was November 1, 2016. Petitioner's counsel was Maximillian J. Muller, and respondent's counsel was Heather Lynn Pearlman.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_15-vv-01107-0
Date issued/filed: 2016-11-01
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 08/23/2016) regarding 24 DECISION Stipulation/Proffer (Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
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Case 1:15-vv-01107-UNJ Document 34 Filed 11/01/16 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 15-1107V
Filed: August 23, 2016
UNPUBLISHED
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
KAREN JEHLEN, *
*
Petitioner, * Joint Stipulation on Damages;
v. * Shoulder Injury;
* Influenza (“Flu”) Vaccination;
SECRETARY OF HEALTH * Special Processing Unit (“SPU”)
AND HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Maximillian J. Muller, Muller Brazil, LLP, Dresher, PA, for petitioner.
Heather Lynn Pearlman, U.S. Department of Justice, Washington, DC, for respondent.
DECISION ON JOINT STIPULATION1
Dorsey, Chief Special Master:
On October 1, 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 she suffered “shoulder injuries which were
caused in fact” by her September 20, 2014 influenza (“flu”) vaccination. Petition at 1;
Stipulation, filed August 22, 2016, at ¶¶ 2, 4. Petitioner further alleges that her condition
persisted for more than six months, and that she has “never received any compensation
in the form of [an] award or settlement” for damages resulting from her condition.
Petition at ¶¶12, 14; Stipulation at ¶¶ 4-5. “Respondent denies that the flu vaccine was
the cause of petitioner’s shoulder injury or any other injury or her current condition.”
Stipulation at ¶ 6.
Nevertheless, on August 22, 2016, the parties filed the attached joint stipulation,
stating that a decision should be entered awarding compensation. The undersigned
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-01107-UNJ Document 34 Filed 11/01/16 Page 2 of 7
finds the stipulation reasonable and adopts it as the decision of the Court in awarding
damages, on the terms set forth therein.
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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