VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-00752
Package ID: USCOURTS-cofc-1_17-vv-00752
Petitioner: Selena Despotovic
Filed: 2019-11-15
Decided: 2020-01-10
Vaccine: influenza
Vaccination date: 2015-10-05
Condition: chronic urticaria and angioedema
Outcome: compensated
Award amount USD: 41314

AI-assisted case summary:
Selena Despotovic filed a petition on November 15, 2019, seeking compensation under the National Vaccine Injury Compensation Program. She alleged that she developed chronic urticaria and angioedema as a result of receiving influenza, Menactra, and Hepatitis A vaccinations on October 5, 2015. The respondent, the Secretary of Health and Human Services, denied that the vaccines caused the petitioner's alleged injuries or that her current disabilities were a sequela of a vaccine-related injury. Despite maintaining these positions, both parties agreed to settle the case through a stipulation filed on November 13, 2019. Special Master Katherine E. Oler reviewed the file and found the stipulation to be reasonable, adopting it as the court's decision. The stipulation awarded Selena Despotovic a lump sum of $1,314.85 to reimburse a lien for services provided by The Rawlings Company, payable jointly to Ms. Despotovic and The Rawlings Company. Additionally, a lump sum of $40,000.00 was awarded, payable to Ms. Despotovic. The total award amounted to $41,314.85, representing compensation for all damages available under the Vaccine Program. The court directed that judgment be entered accordingly. The public decision does not describe the specific onset of symptoms, medical examinations, treatments, or expert witnesses involved in this case.

Theory of causation field:
Petitioner Selena Despotovic alleged that chronic urticaria and angioedema resulted from influenza, Menactra, and Hepatitis A vaccinations received on October 5, 2015. Respondent denied causation. The parties stipulated to a settlement, and Special Master Katherine E. Oler adopted the stipulation as the decision. The stipulation awarded a total of $41,314.85, comprising $1,314.85 for reimbursement of a lien to The Rawlings Company and $40,000.00 payable to Petitioner. The public decision does not detail the specific theory of causation, medical experts, or the mechanism of injury. Attorneys for Petitioner were Diana L. Stadelnikas of Maglio Christopher and Toale, PA, and for Respondent was Glenn A. MacLeod of the U.S. Dep’t of Justice. The decision was issued on January 10, 2020.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_17-vv-00752-0
Date issued/filed: 2020-01-10
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 11/15/19) regarding 43 DECISION Stipulation/Proffer, Signed by Special Master Katherine E. Oler. (sl) Service on parties made.
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Case 1:17-vv-00752-UNJ Document 47 Filed 01/10/20 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-0752V
(Not to be published)
* * * * * * * * * * * * * * * * * * * * * * * * * * * * *
SELENA DESPOTOVIC, *
*
Petitioner, * Filed: November 15, 2019
*
v. * Decision by Stipulation; Damages;
* Influenza (“Flu”) Vaccine; Hepatitis
* A Vaccine; Meningococcal Vaccine.
SECRETARY OF HEALTH AND *
HUMAN SERVICES, *
*
Respondent. *
* * * * * * * * * * * * * * * * * * * * * * * * * * * * *
Diana L. Stadelnikas, Maglio Christopher and Toale, PA, Sarasota, FL, for Petitioner.
Glenn A. MacLeod, U.S. Dep’t of Justice, Washington, DC, for Respondent.
DECISION ON JOINT STIPULATION1
On June 7, 2017, Petitioner Selena Despotovic filed a petition seeking compensation under
the National Vaccine Injury Compensation Program (“the Vaccine Program”).2 Petition, ECF No.
1. Petitioner alleges that she developed chronic urticaria and angioedema as a result of receiving
the influenza (“flu”), Menactra, and Hepatitis A vaccinations on October 5, 2015. See Stipulation
¶ 2, 4, dated November 13, 2019 (ECF No. 42); See also Petition.
1 Although this Decision has been formally designated “not to be published,” it will nevertheless be posted
on the Court of Federal Claims’ website in accordance with the E-Government Act of 2002, 44 U.S.C. §
3501 (2012). This means the ruling will be available to anyone with access to the internet. As provided
by 42 U.S.C. § 300aa-12(d)(4)(B), however, the parties may object to the Decision’s inclusion of certain
kinds of confidential information. Specifically, under Vaccine Rule 18(b), each party has fourteen 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). Otherwise, the Decision in its present form will be available. Id.
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.A. ' 300aa-
10-' 300aa-34 (West 1991 & Supp. 2002). All citations in this decision to individual sections of the Vaccine
Act are to 42 U.S.C.A. ' 300aa.

Case 1:17-vv-00752-UNJ Document 47 Filed 01/10/20 Page 2 of 7
Respondent denies “that the vaccines caused [P]etitioner’s alleged chronic urticaria and
angioedema, or any other injury, and further denies that her current disabilities are a sequela of a
vaccine-related injury.” See Stipulation ¶ 6. Nonetheless both parties, while maintaining their
above-stated positions, agreed in a stipulation filed November 13, 2019 that the issues before them
can be settled and that a decision should be entered awarding Petitioner compensation.
I have reviewed the file, and based upon that review, I conclude that the parties’ stipulation
is reasonable. Therefore, I adopt it as my decision in awarding damages on the terms set forth
therein.
The stipulation awards:
a. a lump sum of $1,314.85, which amount represents reimbursement of a lien
for services provided to [P]etitioner, in the form of a check payable jointly to
[P]etitioner and
The Rawlings Company
Attn: Jeffery Bodnar
PO Box 2000
La Grange, KY 40031
File Number: 18FLM0600544
Petitioner agrees to endorse this payment to the Rawlings Company; and
b. a lump sum of $40,000.00 in the form of a check payable to [P]etitioner.
Stipulation ¶ 8. This award represents compensation for all damages that would be available under
42 U.S.C. § 300aa-15(a).
I approve a Vaccine Program award in the requested amount set forth above to be made to
Petitioner. In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk
of the court is directed to enter judgment herewith.3
IT IS SO ORDERED.
s/ Katherine E. Oler
Katherine E. Oler
Special Master
3 Pursuant to Vaccine Rule 11(a), the parties may expedite entry of judgment by jointly filing notice
renouncing their right to seek review.
2

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