VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_16-vv-01551
Package ID: USCOURTS-cofc-1_16-vv-01551
Petitioner: Kristi Marquardt
Filed: 2016-11-21
Decided: 2018-10-18
Vaccine: influenza
Vaccination date: 2014-09-11
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 100000

AI-assisted case summary:
Kristi Marquardt filed a petition for compensation under the National Vaccine Injury Compensation Program on November 21, 2016, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on September 11, 2014. She stated the vaccination occurred in the United States and that her injury had residual effects for more than six months, with no prior award or settlement for the condition. Respondent Health and Human Services denied that the flu immunization caused her alleged shoulder injury or any other condition. Despite this denial, the parties filed a joint stipulation on May 23, 2018, agreeing that compensation should be awarded. The Chief Special Master found the stipulation reasonable and adopted it as the Court's decision. Kristi Marquardt was awarded a lump sum of $100,000.00, representing compensation for all damages available under the Vaccine Act. The decision directed the clerk of the court to enter judgment accordingly, unless a motion for review was filed.

Theory of causation field:
unclear

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_16-vv-01551-1
Date issued/filed: 2018-10-18
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 05/29/2018) regarding 39 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey. )(mpj) Service on parties made.
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Case 1:16-vv-01551-UNJ Document 49 Filed 10/18/18 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 16-1551V
Filed: May 29, 2018
UNPUBLISHED
KRISTI MARQUARDT,
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.
Paul R. Brazil, Muller Brazil, LLP, Dresher, PA, for petitioner.
Camille Michelle Collett, U.S. Department of Justice, Washington, DC, for respondent.
DECISION ON JOINT STIPULATION1
Dorsey, Chief Special Master:
On November 21, 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”) following the administration of an influenza (“flu”) vaccination
on September 11, 2014. Petition at 1; Stipulation, filed May 24, 2018, at ¶ 1. Petitioner
further alleges that the flu vaccination was administered within the United States, that
she experienced the residual effects of her injury 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 4-5; Stipulation at ¶¶ 3-5. “Respondent denies that the flu
immunization is the cause of petitioner’s alleged shoulder injury, or any other injury or
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-01551-UNJ Document 49 Filed 10/18/18 Page 2 of 7
Nevertheless, on May 23, 2018, 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 $100,000.00 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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