VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_16-vv-00338
Package ID: USCOURTS-cofc-1_16-vv-00338
Petitioner: Davika Lochan
Filed: 2017-10-04
Decided: 2018-02-16
Vaccine: influenza
Vaccination date: 2014-10-20
Condition: shoulder injury
Outcome: compensated
Award amount USD: 40000

AI-assisted case summary:
Davika Lochan filed a petition for compensation under the National Vaccine Injury Compensation Program on October 4, 2017, alleging that an influenza vaccine she received on October 20, 2014, resulted in a shoulder injury. Ms. Lochan stated that the vaccine was administered in the United States, that she experienced residual effects for more than six months, and that there had been no prior award or settlement for her condition. The respondent denied that the flu vaccine caused her alleged shoulder injury. The parties subsequently filed a joint stipulation on October 4, 2017, agreeing that compensation should be awarded. Chief Special Master Nora Beth Dorsey reviewed the stipulation, found it reasonable, and adopted it as the decision of the Court. Davika Lochan was awarded a lump sum of $40,000.00 as compensation for all items of damages, payable to her. The decision was issued on February 16, 2018. Petitioner counsel was Maximillian J. Muller of Muller Brazil, LLP, and respondent counsel was Amy P. Kokot of the U.S. Department of Justice.

Theory of causation field:
Petitioner Davika Lochan alleged that an influenza vaccine received on October 20, 2014, caused a shoulder injury. The respondent denied causation. The parties filed a joint stipulation agreeing to an award. The Special Master found the stipulation reasonable and awarded compensation. The public decision does not describe the specific mechanism of injury, expert testimony, or the basis for the stipulation. The award was $40,000.00. The decision was issued by Chief Special Master Nora Beth Dorsey on February 16, 2018. Petitioner counsel was Maximillian J. Muller, and respondent counsel was Amy P. Kokot.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_16-vv-00338-0
Date issued/filed: 2018-02-16
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 10/4/2017) regarding 39 DECISION Stipulation/Proffer. Signed by Chief Special Master Nora Beth Dorsey. (rp) Service on parties made.
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Case 1:16-vv-00338-UNJ Document 51 Filed 02/16/18 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 16-0338V
Filed: October 4, 2017
UNPUBLISHED
DAVIKA LOCHAN,
Special Processing Unit (SPU); Joint
Stipulation on Damages; Influenza
Petitioner,
(Flu) Vaccine; Shoulder Injury
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Maximillian J. Muller, Muller Brazil, LLP, Dresher, PA, for petitioner.
Amy P. Kokot, U.S. Department of Justice, Washington, DC, for respondent.
DECISION ON JOINT STIPULATION1
Dorsey, Chief Special Master:
On March 16, 2016, Davika Lochan (“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 an influenza (“flu”) vaccination she
received on October 20, 2014, resulted in a shoulder injury. Pet. at preamble; Stip.,
filed Oct. 4, 2017, at ¶¶ 1, 2, 4. Petitioner further alleges that the vaccine was
administered in the United States, that she experienced the residual effects of her injury
for more than six months, and that there has been no prior award or settlement of a civil
action for damages as a result of her condition. Pet. at ¶¶ 2, 14, 16; Stip. at ¶¶ 3-5.
Respondent denies that the flu vaccine administered on or about October 20, 2014, is
the cause of petitioner’s alleged shoulder injury and/or any other injury or her current
condition. Stip. 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 1:16-vv-00338-UNJ Document 51 Filed 02/16/18 Page 2 of 7
Nevertheless, on October 4, 2017, 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.
Pursuant to the terms stated in the attached Stipulation, the undersigned
awards the following compensation:
A lump sum of $40,000.00 in the form of a check payable to petitioner,
Davika Lochan. 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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