VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_16-vv-00642
Package ID: USCOURTS-cofc-1_16-vv-00642
Petitioner: Kellie Dovre
Filed: 2016-05-31
Decided: 2018-12-14
Vaccine: influenza
Vaccination date: 2013-11-01
Condition: severe tinnitus, profound hearing loss, and vertigo
Outcome: compensated
Award amount USD: 75000

AI-assisted case summary:
On May 31, 2016, Kellie Dovre filed a petition for compensation under the National Vaccine Injury Compensation Program. Ms. Dovre alleged that she developed severe tinnitus, profound hearing loss, and vertigo after receiving an influenza vaccine on November 1, 2013. The respondent, the Secretary of Health and Human Services, denied that the immunization caused petitioner's alleged injuries. However, the parties reached a joint stipulation to settle the case. The stipulation, filed on November 19, 2018, outlined the settlement terms. Respondent agreed to issue a lump sum payment of $75,000.00, payable to Kellie Dovre, as compensation for all damages available under the program. Special Master Mindy Michaels Roth adopted the parties' stipulation and awarded compensation in the amount and on the terms set forth therein. The decision was issued on December 14, 2018. Scott W. Rooney, Esq. represented the petitioner, and Voris E. Johnson, Esq. represented the respondent.

Theory of causation field:
Petitioner Kellie Dovre alleged that she developed severe tinnitus, profound hearing loss, and vertigo after receiving an influenza vaccine on November 1, 2013. The respondent denied that the immunization caused the alleged injuries. The parties reached a joint stipulation to settle the case, and the Special Master adopted the stipulation. The public decision does not describe the specific theory of causation, medical experts, clinical details of the alleged injuries, or the mechanism of injury. The case was settled via stipulation, resulting in an award of $75,000.00 as compensation for all damages. The decision was issued by Special Master Mindy Michaels Roth on December 14, 2018. Petitioner counsel was Scott W. Rooney, Esq., and respondent counsel was Voris E. Johnson, Esq.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_16-vv-00642-2
Date issued/filed: 2018-12-14
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 11/19/2018) regarding 66 DECISION Stipulation/Proffer. Signed by Special Master Mindy Michaels Roth. (km) Service on parties made.
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Case 1:16-vv-00642-UNJ Document 69 Filed 12/14/18 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 16-642V
Filed: November 19, 2018
* * * * * * * * * * * * *
KELLIE DOVRE, * UNPUBLISHED
*
Petitioner, * Decision on Joint Stipulation;
* Severe Tinnitus, Profound
v. * Hearing Loss, and Vertigo;
* Influenza (“Flu”) Vaccine
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
* * * * * * * * * * * * *
Scott W. Rooney, Esq., Rooney P.C., Farmington Hills, MI, for petitioner.
Voris E. Johnson, Esq., US Department of Justice, Washington, DC, for respondent.
DECISION ON JOINT STIPULATION1
Roth, Special Master:
On May 31, 2016, Kellie Dovre [“Ms. Dovre” or “petitioner”] filed a petition for
compensation under the National Vaccine Injury Compensation Program.2 Petitioner alleges that
she developed severe tinnitus, profound hearing loss, and vertigo after receiving the influenza “flu”
vaccine on November 1, 2013. Stipulation, filed November 19, 2018, at ¶¶ 1-4. Respondent denies
that any of the aforementioned immunizations caused petitioner’s injury. Stipulation at ¶ 6.
1 Although this Decision has been formally designated “unpublished,” it will nevertheless be posted on the
Court of Federal Claims’s website, in accordance with the E-Government Act of 2002, Pub. L. No. 107-
347, 116 Stat. 2899, 2913 (codified as amended at 44 U.S.C. § 3501 note (2006)). This means the Decision
will be available to anyone with access to the internet. However, the parties may object to the Decision’s
inclusion of certain kinds of confidential information. Specifically, under Vaccine Rule 18(b), each party
has fourteen days within which to request redaction “of any information furnished by that party: (1) that is
a trade secret or commercial or financial in substance and is privileged or confidential; or (2) that includes
medical files or similar files, the disclosure of which would constitute a clearly unwarranted invasion of
privacy.” Vaccine Rule 18(b). Otherwise, the whole Decision will be available to the public. Id.
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).
1

Case 1:16-vv-00642-UNJ Document 69 Filed 12/14/18 Page 2 of 7
Nevertheless, the parties have agreed to settle the case. On November 19, 2018, the parties
filed a joint stipulation agreeing to settle this case and describing the settlement terms.
Respondent agrees to issue the following payment:
A lump sum of $75,000.00 in the form of a check payable to petitioner, Kellie
Dovre. This amount represents compensation for all damages that would be
available under § 300aa-15(a).
I adopt the parties’ stipulation attached hereto, and award compensation in the amount and
on the terms set forth therein. The clerk of the court is directed to enter judgment in accordance
with this decision.3
IT IS SO ORDERED.
s/ Mindy Michaels Roth
Mindy Michaels Roth
Special Master
3 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by each party filing a notice
renouncing the right to seek review.
2

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