VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_16-vv-01086 Package ID: USCOURTS-cofc-1_16-vv-01086 Petitioner: Carol Katora Filed: 2016-08-31 Decided: 2017-06-01 Vaccine: influenza Vaccination date: 2015-10-21 Condition: optic neuritis Outcome: compensated Award amount USD: 132537 AI-assisted case summary: On August 31, 2016, Carol Katora filed a petition alleging that she suffered optic neuritis as a result of an influenza vaccination received on October 21, 2015. The respondent, the Secretary of Health and Human Services, denied that the vaccination caused or aggravated the petitioner's optic neuritis. Despite this denial, the parties filed a joint stipulation agreeing that a decision should be entered awarding compensation. Chief Special Master Nora Beth Dorsey reviewed the stipulation, found it reasonable, and adopted it as the decision of the Court. Carol Katora was awarded a lump sum of $132,537.45, payable to her, as compensation for all damages available under the law. The decision was entered on June 1, 2017. The public decision does not describe the petitioner's counsel, respondent's counsel, specific medical details of the optic neuritis, onset, symptoms, diagnostic tests, treatments, or any expert testimony. Theory of causation field: Petitioner Carol Katora alleged optic neuritis resulting from an influenza vaccination on October 21, 2015. The respondent denied causation. The parties filed a stipulation for compensation, which was adopted by Chief Special Master Nora Beth Dorsey on June 1, 2017. Petitioner Carol Katora received a lump sum award of $132,537.45. The public decision does not specify the theory of causation, mechanism, or any expert testimony. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_16-vv-01086-0 Date issued/filed: 2017-06-26 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 06/01/2017) regarding 26 DECISION Stipulation/Proffer Signed by Chief Special Master Nora Beth Dorsey. (tlf) Copy to parties. -------------------------------------------------------------------------------- Case 1:16-vv-01086-UNJ Document 30 Filed 06/26/17 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS (Filed: June 1, 2017) * * * * * * * * * * * * * * * UNPUBLISHED CAROL KATORA, * * No. 16-1086V Petitioner, * * v. * Chief Special Master Dorsey * SECRETARY OF HEALTH * AND HUMAN SERVICES, * Decision based on Stipulation; * Influenza (“flu”) vaccine; Optic Respondent. * Neuritis. * * * * * * * * * * * * * * * * Lawrence R. Cohan, Anapol Weiss, Philadelphia, PA, for petitioner. Lara Ann Englund, U.S. Department of Justice, Washington, D.C., for respondent. DECISION1 On August 31, 2016, Carol Katora (“petitioner”) filed a petition in the National Vaccine Injury Compensation Program2 alleging that she suffered optic neuritis as the result of an influenza vaccination she received on October 21, 2015. Petition at Preamble. On June 1, 2017, the parties filed a stipulation in which they stated that a decision should be entered awarding compensation. Respondent denies that the influenza vaccination either caused or significantly aggravated petitioner’s alleged optic neuritis or any other injury. 1 Because this decision contains a reasoned explanation for the undersigned’s action in this case, the undersigned intends to post this ruling on the website of the United States Court of Federal Claims, in accordance with the E-Government Act of 2002, 44 U.S.C. § 3501 note (2012)(Federal Management and Promotion of Electronic Government Services). As provided by Vaccine Rule 18(b), each party has 14 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). 2 The National Vaccine Injury Compensation Program is set forth in Part 2 of the National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755, codified as amended, 42 U.S.C. §§ 300aa-1 to -34 (2012) (“Vaccine Act” or “the Act”). All citations in this decision to individual sections of the Vaccine Act are to 42 U.S.C.A. § 300aa. Case 1:16-vv-01086-UNJ Document 30 Filed 06/26/17 Page 2 of 7 Nevertheless, the parties agree to the joint stipulation, attached hereto as Appendix A. 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 $132,537.45 in the form of a check payable to petitioner, Ms. Carol Katora. This amount represents compensation for all damages that would be available under 42 U.S.C. §300aa-15(a). Stipulation at ¶8. The undersigned approves the requested amount for petitioner’s compensation. Accordingly, an award should be made consistent with the stipulation. In the absence of a motion for review filed pursuant to RCFC Appendix B, the Clerk of Court SHALL ENTER JUDGMENT in accordance with the terms of the parties’ stipulation.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 is expedited by the parties’ joint filing of notice renouncing the right to seek review. 2 CCaassee 11::1166--vvvv--0011008866--UUNNJJ DDooccuummeenntt 2350 FFiilleedd 0066//0216//1177 PPaaggee 13 ooff 57 CCaassee 11::1166--vvvv--0011008866--UUNNJJ DDooccuummeenntt 2350 FFiilleedd 0066//0216//1177 PPaaggee 24 ooff 57 CCaassee 11::1166--vvvv--0011008866--UUNNJJ DDooccuummeenntt 2350 FFiilleedd 0066//0216//1177 PPaaggee 35 ooff 57 CCaassee 11::1166--vvvv--0011008866--UUNNJJ DDooccuummeenntt 2350 FFiilleedd 0066//0216//1177 PPaaggee 46 ooff 57 CCaassee 11::1166--vvvv--0011008866--UUNNJJ DDooccuummeenntt 2350 FFiilleedd 0066//0216//1177 PPaaggee 57 ooff 57