VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_16-vv-00756
Package ID: USCOURTS-cofc-1_16-vv-00756
Petitioner: Rosina Rohrs
Filed: 2017-06-19
Decided: 2018-04-30
Vaccine: influenza
Vaccination date: 2014-11-17
Condition: left shoulder injuries
Outcome: compensated
Award amount USD: 124446

AI-assisted case summary:
Rosina Rohrs filed a petition for compensation under the National Vaccine Injury Compensation Program on June 28, 2016, alleging that she suffered left shoulder injuries caused by her influenza vaccination on November 17, 2014. She further alleged that she experienced residual effects of these injuries for more than six months and that there had been no prior award or settlement of a civil action for damages as a result of her condition. The respondent denied that the flu vaccine caused petitioner's alleged left shoulder injury or any other injury or her current condition. Nevertheless, on June 19, 2017, the parties filed a joint stipulation agreeing that a decision should be entered awarding compensation. Chief Special Master Nora Beth Dorsey found the stipulation reasonable and adopted it as the decision of the Court. Pursuant to the stipulation, the court awarded Rosina Rohrs a lump sum of $124,446.02, payable to petitioner. This amount represents compensation for all items of damages available under the Vaccine Act. Maximillian J. Muller of Muller Brazil, LLP, represented the petitioner, and Lara Ann Englund of the U.S. Department of Justice represented the respondent. The public decision does not describe the specific onset of symptoms, medical tests, treatments, or expert witnesses.

Theory of causation field:
Petitioner Rosina Rohrs alleged that her November 17, 2014, influenza vaccination caused left shoulder injuries with residual effects lasting more than six months. The respondent denied causation. The parties filed a joint stipulation agreeing to an award. The Special Master adopted the stipulation. The award was a lump sum of $124,446.02. The public decision does not specify the theory of causation, medical experts, or the mechanism of injury. The case was handled by petitioner's counsel Maximillian J. Muller and respondent's counsel Lara Ann Englund, with Chief Special Master Nora Beth Dorsey issuing the decision on April 30, 2018.

Public staged source text:

================================================================================
DOCUMENT 1: USCOURTS-cofc-1_16-vv-00756-1
Date issued/filed: 2018-04-30
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 06/19/2017) regarding 29 DECISION Fees Stipulation/Proffer (Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Service on parties made.
--------------------------------------------------------------------------------
Case 1:16-vv-00756-UNJ Document 39 Filed 04/30/18 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 16-756V
Filed: June 19, 2017
UNPUBLISHED
ROSINA ROHRS,
Special Processing Unit (SPU);Joint
Stipulation on Damages; Influenza
Petitioner,
(Flu) Vaccine; Shoulder Injury
v.
Related to Vaccine Administration
(SIRVA)
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Maximillian J. Muller, Muller Brazil, LLP, Dresher, PA, for petitioner.
Lara Ann Englund, U.S. Department of Justice, Washington, DC, for respondent.
DECISION ON JOINT STIPULATION1
Dorsey, Chief Special Master:
On June 28, 2016, 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 left shoulder injuries caused by her November
17, 2014 influenza (“flu”) vaccination. Petition at 1; Stipulation, filed June 19, 2017, at ¶
4. Petitioner further alleges she experienced residual effects of these injuries 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. Petition at 3; Stipulation at ¶¶ 4-5. “Respondent
denies that the flu vaccine is the cause of petitioner’s alleged left shoulder injury or any
other injury or her current condition. ” Stipulation at ¶ 6.
Nevertheless, on June 19, 2017, 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 1:16-vv-00756-UNJ Document 39 Filed 04/30/18 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.
Pursuant to the terms stated in the attached Stipulation, the undersigned
awards the following compensation:
A lump sum of $124,446.02 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

Case 1:16-vv-00756-UNJ Document 39 Filed 04/30/18 Page 3 of 7

Case 1:16-vv-00756-UNJ Document 39 Filed 04/30/18 Page 4 of 7

Case 1:16-vv-00756-UNJ Document 39 Filed 04/30/18 Page 5 of 7

Case 1:16-vv-00756-UNJ Document 39 Filed 04/30/18 Page 6 of 7

Case 1:16-vv-00756-UNJ Document 39 Filed 04/30/18 Page 7 of 7