VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_16-vv-01471 Package ID: USCOURTS-cofc-1_16-vv-01471 Petitioner: Staci Pohodich Filed: 2017-09-07 Decided: 2018-02-08 Vaccine: influenza Vaccination date: 2015-10-28 Condition: shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 70000 AI-assisted case summary: Staci Pohodich filed a petition on September 7, 2017, alleging that she suffered a shoulder injury related to vaccine administration (SIRVA) caused by the influenza vaccine she received on October 28, 2015. She claimed to have suffered residual effects for more than six months, received the vaccination in the United States, and had not previously received compensation for a vaccine-caused injury. Respondent denied that the flu vaccine caused her alleged SIRVA or any other injury. Despite the denial, the parties filed a joint stipulation on September 7, 2017, agreeing that compensation should be awarded. The Chief Special Master found the stipulation reasonable and adopted it as the court's decision. Pursuant to the stipulation, Staci Pohodich was awarded a lump sum of $70,000.00, representing compensation for all available items of damages. The award was to be paid by check to the petitioner. Theory of causation field: Off-Table Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_16-vv-01471-0 Date issued/filed: 2018-02-08 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 9/7/2017) regarding 23 DECISION Stipulation/Proffer. Signed by Chief Special Master Nora Beth Dorsey. (rp) Service on parties made. -------------------------------------------------------------------------------- Case 1:16-vv-01471-UNJ Document 33 Filed 02/08/18 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 16-1471V Filed: September 7, 2017 UNPUBLISHED STACI POHODICH, Special Processing Unit (SPU); Joint Stipulation on Damages; Influenza Petitioner, (Flu) Vaccine; Shoulder Injury v. Related to Vaccine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. John Robert Howie, Jr., Howie Law, PC, Dallas, TX, for petitioner. Amy Paula Kokot, U.S. Department of Justice, Washington, DC, for respondent. DECISION ON JOINT STIPULATION1 Dorsey, Chief Special Master: On November 8, 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 a shoulder injury related to vaccine administration (“SIRVA”) caused-in-fact by the influenza vaccine she received on October 28, 2015. Petition at 1, ¶¶ 1, 22; Stipulation, filed September 7, 2017, at ¶¶ 1- 2, 4. Petitioner further alleges that she suffered the residual effects of her injury for more than six months, received the vaccination in the United States, and has never received compensation for her injury, alleged as vaccine caused. Petition at 3, 20-21; Stipulation at ¶¶ 3-5. “Respondent denies that the flu vaccine administered on or about October 28, 2015, is the cause of petitioner’s alleged SIRVA and/or any other injury or her current condition.” Stipulation 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-01471-UNJ Document 33 Filed 02/08/18 Page 2 of 7 Nevertheless, on September 7, 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 $70,000.00 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 § 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-01471-UNJ Document 33 Filed 02/08/18 Page 3 of 7 Case 1:16-vv-01471-UNJ Document 33 Filed 02/08/18 Page 4 of 7 Case 1:16-vv-01471-UNJ Document 33 Filed 02/08/18 Page 5 of 7 Case 1:16-vv-01471-UNJ Document 33 Filed 02/08/18 Page 6 of 7 Case 1:16-vv-01471-UNJ Document 33 Filed 02/08/18 Page 7 of 7