VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_15-vv-01393
Package ID: USCOURTS-cofc-1_15-vv-01393
Petitioner: Angela R. Folkers
Filed: 2015-11-17
Decided: 2016-11-02
Vaccine: influenza
Vaccination date: 2014-11-03
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 85452

AI-assisted case summary:
Angela R. Folkens filed a petition for compensation under the National Vaccine Injury Compensation Program on November 17, 2015, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) following an influenza vaccination on November 3, 2014. She stated the vaccine was administered in the United States, the injury caused residual effects for more than six months, and she had not received any prior award or settlement for this condition. Respondent denied that the flu vaccine caused her alleged injuries and residual effects. Despite this denial, the parties filed a joint stipulation on August 29, 2016, agreeing that compensation should be awarded. The Chief Special Master found the stipulation reasonable and adopted it as the Court's decision. Angela R. Folkens was awarded a lump sum of $85,452.00, representing compensation for all damages available under the Vaccine Act. The clerk was directed to enter judgment accordingly.

Theory of causation field:
unclear

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_15-vv-01393-0
Date issued/filed: 2016-11-02
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 08/29/2016) regarding 25 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
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Case 1:15-vv-01393-UNJ Document 37 Filed 11/02/16 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 15-1393V
Filed: August 29, 2016
UNPUBLISHED
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
ANGELA R. FOLKERS, *
*
Petitioner, * Joint Stipulation on Damages;
v. * Influenza (“Flu”); Shoulder Injury
* Related to Vaccine Administration
SECRETARY OF HEALTH * (“SIRVA”); Special
AND HUMAN SERVICES, * Processing Unit (“SPU”)
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Richard Moeller, Berenstein, Moore, et al., Sioux City, IA, for petitioner.
Julia McInerny, U.S. Department of Justice, Washington, DC, for respondent.
DECISION ON JOINT STIPULATION1
Dorsey, Chief Special Master:
On November 17, 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 a shoulder injury related to vaccine
administration (“SIRVA”) following a November 3, 2014 influenza vaccination. Petition
at 1-2; Stipulation, filed August 29, 2016, at ¶¶ 2, 4. Petitioner further alleges the
vaccine was administered within the United States, she experienced the residual effects
of her injury for more than six months, and there has been no prior award or settlement
of a civil action for damages as a result of her condition. Petition at 7; Stipulation at ¶¶
3-5. “Respondent denies that petitioner’s alleged injuries and residual effects were
caused-in-fact by the flu vaccine. Respondent further denies that the flu vaccine
caused any other injury or petitioner’s current condition. ” Stipulation at ¶ 6.
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-01393-UNJ Document 37 Filed 11/02/16 Page 2 of 7
Nevertheless, on August 29, 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.
The parties stipulate that petitioner shall receive the following compensation:
A lump sum of $85,452.00 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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