VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-00155
Package ID: USCOURTS-cofc-1_17-vv-00155
Petitioner: Jayna Litz
Filed: 2017-02-02
Decided: 2019-02-27
Vaccine: influenza
Vaccination date: 2015-12-02
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 70000

AI-assisted case summary:
Jayna Litz, an adult, filed a petition for compensation under the National Vaccine Injury Compensation Program on February 2, 2017. She alleged that she suffered a shoulder injury related to vaccine administration (SIRVA) as a result of an influenza vaccine received on December 2, 2015, and that the sequelae of this injury lasted for more than six months. The respondent denied that the alleged SIRVA and its residual effects were caused by the flu vaccine, and further denied that the flu vaccine caused any other injury or petitioner's current condition. Despite the respondent's denials, the parties filed a joint stipulation on January 23, 2019, 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, Jayna Litz was awarded a lump sum of $70,000.00, payable to petitioner, as compensation for all items of damages available under the Vaccine Act. The decision was issued on February 27, 2019. Petitioner was represented by Amy A. Senerth of Muller Brazil, LLP, and respondent was represented by Adriana Ruth Teitel of the U.S. Department of Justice. The public decision does not describe the specific onset of symptoms, medical tests performed, treatments received, or the specific mechanism of injury. The public decision does not name any medical experts.

Theory of causation field:
Jayna Litz, an adult, received an influenza vaccine on December 2, 2015, and alleged a shoulder injury related to vaccine administration (SIRVA) with sequelae lasting more than six months. The respondent denied causation. The parties filed a joint stipulation for compensation, which was adopted by Chief Special Master Nora Beth Dorsey. The stipulation resulted in a $70,000.00 lump sum award for all damages. The public decision does not specify the theory of causation, the mechanism of injury, or name any experts. The decision date was February 27, 2019, following a petition filed on February 2, 2017. Petitioner's counsel was Amy A. Senerth, and respondent's counsel was Adriana Ruth Teitel.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_17-vv-00155-0
Date issued/filed: 2019-02-27
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 01/23/2019) regarding 50 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey. )(mpj) Service on parties made.
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Case 1:17-vv-00155-UNJ Document 54 Filed 02/27/19 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-0155V
Filed: January 23, 2019
UNPUBLISHED
JAYNA LITZ,
Petitioner,
Special Processing Unit (SPU); Joint
v.
Stipulation on Damages; Influenza
(Flu) Vaccine; Shoulder Injury
SECRETARY OF HEALTH
Related to Vaccine Administration
AND HUMAN SERVICES,
(SIRVA)
Respondent.
Amy A. Senerth, Muller Brazil, LLP, Dresher, PA, for petitioner.
Adriana Ruth Teitel, U.S. Department of Justice, Washington, DC, for respondent.
DECISION ON JOINT STIPULATION1
Dorsey, Chief Special Master:
On February 2, 2017, Jayna Litz (“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 December 2, 2015. Petition at 1; Stipulation, filed January 23, 2019, at ¶ 4.
Petitioner further alleges that she suffered the sequela of her vaccine-related injury for
more than six months. Petition at 2; Stipulation at ¶ 4. “Respondent denies that
petitioner’s alleged SIRVA and its residual effects were caused-in-fact by her flu
vaccine. Respondent further denies that the flu vaccine caused petitioner any other
injury or her current condition.” Stipulation at ¶ 6.
1 The undersigned intends to post this decision on the United States Court of Federal Claims' website.
This means the decision will be available to anyone with access to the internet. 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. Because this unpublished decision contains a reasoned explanation for the
action in this case, undersigned is required 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).
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 1:17-vv-00155-UNJ Document 54 Filed 02/27/19 Page 2 of 7
Nevertheless, on January 23, 2019, 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

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