VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-00681
Package ID: USCOURTS-cofc-1_17-vv-00681
Petitioner: Kimberly R. Koebler
Filed: 2017-05-23
Decided: 2018-10-10
Vaccine: influenza
Vaccination date: 2015-10-16
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 55000

AI-assisted case summary:
Kimberly R. Koebler filed a petition on May 23, 2017, seeking compensation under the National Vaccine Injury Compensation Program. She alleged that she suffered a shoulder injury related to vaccine administration (SIRVA) caused by the influenza vaccine she received on October 16, 2015. Ms. Koebler further claimed that she experienced residual effects from the injury for more than six months and had not received compensation or filed a civil action for her alleged vaccine-caused injury. The respondent denied that the alleged SIRVA, or any other injury, was caused by the flu vaccination. Despite the respondent's denial, the parties filed a joint stipulation on July 10, 2018, agreeing that compensation should be awarded. Chief Special Master Nora Beth Dorsey reviewed the stipulation, found it reasonable, and adopted it as the decision of the Court. Pursuant to the stipulation, Ms. Koebler was awarded a lump sum of $55,000.00, payable to her, intended to compensate for all items of damages available under the program. The decision was issued on October 10, 2018. Petitioner was represented by Jeffrey A. Golvash of Brennan, Robins & Daley, P.C., and respondent was represented by Debra A. Filteau Begley of the U.S. Department of Justice.

Theory of causation field:
Petitioner Kimberly R. Koebler alleged that a SIRVA was caused-in-fact by an influenza vaccine received on October 16, 2015. The respondent denied causation. The parties filed a joint stipulation agreeing to an award. The public decision does not describe the specific medical mechanism, expert testimony, or clinical details of the alleged injury or its onset. Chief Special Master Nora Beth Dorsey adopted the stipulation, awarding $55,000.00 as a lump sum. Petitioner's counsel was Jeffrey A. Golvash, and respondent's counsel was Debra A. Filteau Begley. The decision date was October 10, 2018, with the petition filed on May 23, 2017.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_17-vv-00681-0
Date issued/filed: 2018-10-10
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 07/10/2018) regarding 28 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey. )(mpj) Service on parties made.
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Case 1:17-vv-00681-UNJ Document 41 Filed 10/10/18 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-0681V
Filed: July 10, 2018
UNPUBLISHED
KIMBERLY R. KOEBLER,
Special Processing Unit (SPU); Joint
Petitioner,
Stipulation on Damages; Influenza
v.
(Flu) Vaccine; Shoulder Injury
Related to Vaccine Administration
SECRETARY OF HEALTH AND
(SIRVA)
HUMAN SERVICES,
Respondent.
Jeffrey A. Golvash, Brennan, Robins & Daley, P.C, Pittsburgh, PA, for petitioner.
Debra A. Filteau Begley, U.S. Department of Justice, Washington, DC, for respondent.
DECISION ON JOINT STIPULATION1
Dorsey, Chief Special Master:
On May 23, 2017, 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 16, 2015. Petition at 1, ¶ 13; Stipulation, filed July 10, 2018, at ¶¶ 1-2, 4.
Petitioner further alleges that she suffered the residual effects of her injury for more than
six months and has not received compensation or filed a civil action for her injury
alleged as vaccine caused. Petition at ¶¶ 13-14; Stipulation at ¶¶ 3-5. “Respondent
denies that petitioner’s alleged SIRVA, or any other injury, was caused-in-fact by her flu
vaccination.” Stipulation at ¶ 6.
Nevertheless, on July 10, 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 1:17-vv-00681-UNJ Document 41 Filed 10/10/18 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 $55,000.00 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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