VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_16-vv-00969
Package ID: USCOURTS-cofc-1_16-vv-00969
Petitioner: Ann Meril
Filed: 2016-08-09
Decided: 2018-10-23
Vaccine: influenza
Vaccination date: 2015-10-02
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 25000

AI-assisted case summary:
Ann Meril filed a petition for compensation under the National Vaccine Injury Compensation Program on August 9, 2016, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) as a result of an influenza vaccine received on October 2, 2015. She further alleged that her injury lasted more than six months. The respondent denied that the flu vaccine caused her alleged SIRVA or any other injury. Nevertheless, on August 16, 2018, the parties filed a joint stipulation agreeing that compensation should be awarded. The Chief Special Master, Nora Beth Dorsey, found the stipulation reasonable and adopted it as the decision of the Court. Ann Meril was awarded a lump sum of $25,000.00 as compensation for all items of damages, payable to petitioner. Petitioner was represented by Jeffrey S. Pop of Jeffrey S. Pop & Associates, and respondent was represented by Amy Paula Kokot of the U.S. Department of Justice. The decision was issued on October 23, 2018.

Theory of causation field:
Petitioner Ann Meril alleged a shoulder injury related to vaccine administration (SIRVA) following an influenza vaccine on October 2, 2015, with the injury lasting more than six months. Respondent denied causation. The parties filed a joint stipulation for compensation, which was adopted by Chief Special Master Nora Beth Dorsey. The public text does not detail the specific medical mechanism, expert testimony, or the basis for the stipulation. Ann Meril was awarded $25,000.00 as a lump sum. The decision date was October 23, 2018. Petitioner's counsel was Jeffrey S. Pop, and respondent's counsel was Amy Paula Kokot.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_16-vv-00969-0
Date issued/filed: 2018-10-23
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 08/17/2018) regarding 53 DECISION Stipulation/Proffer (Signed by Chief Special Master Nora Beth Dorsey. )(mpj) Service on parties made.
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Case 1:16-vv-00969-UNJ Document 62 Filed 10/23/18 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 16-0969V
Filed: August 17, 2018
UNPUBLISHED
ANN MERIL,
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.
Jeffrey S. Pop, Jeffrey S. Pop & Associates, Beverly Hills, CA, for petitioner.
Amy Paula Kokot, U.S. Department of Justice, Washington, DC, for respondent.
DECISION ON JOINT STIPULATION1
Dorsey, Chief Special Master:
On August 9, 2016, Ann Meril (“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”) as a result of an influenza (“flu”) vaccine she
received on October 2, 2015. Petition at 1; Stipulation, filed August 16, 2018, at ¶ 4.
Petitioner further alleges that her vaccine-related injury lasted more than six months.
Petition at 4; Stipulation at ¶ 4. “Respondent denies that the flu vaccine administered
on or about October 2, 2015, is the cause of petitioner’s alleged SIRVA and/or any other
injury or her current condition.” Stipulation at ¶ 6.
Nevertheless, on August 16, 2018, 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-00969-UNJ Document 62 Filed 10/23/18 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 $25,000.00, 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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