VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-01106
Package ID: USCOURTS-cofc-1_17-vv-01106
Petitioner: Ellen Stoler
Filed: 2017-08-16
Decided: 2019-02-27
Vaccine: influenza
Vaccination date: 2015-10-01
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 115000

AI-assisted case summary:
Ellen Stoler filed a petition for compensation under the National Vaccine Injury Compensation Program on August 16, 2017, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) from an influenza vaccine received on October 1, 2015. She stated the vaccine was administered in the United States and that she suffered residual effects for more than six months. She also affirmed that no lawsuits had been filed and no settlements or awards accepted by anyone for her injury. Respondent denied that the SIRVA was caused-in-fact by the vaccination. Despite this denial, the parties filed a joint stipulation on January 23, 2019, agreeing that compensation should be awarded. The Chief Special Master found the stipulation reasonable and adopted it as the decision of the Court. Pursuant to the stipulation, Ellen Stoler was awarded a lump sum of $115,000.00, representing compensation for all items of damages available under the Vaccine Act. The award was to be paid in the form of a check payable to Ms. Stoler.

Theory of causation field:
Off-Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_17-vv-01106-0
Date issued/filed: 2019-02-27
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 01/24/2019) regarding 35 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey. )(mpj) Service on parties made.
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Case 1:17-vv-01106-UNJ Document 39 Filed 02/27/19 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-1106V
Filed: January 24, 2019
UNPUBLISHED
ELLEN STOLER,
Petitioner,
Special Processing Unit (SPU); Joint
v.
Stipulation on Damages; Influenza
(Flu) Vaccine; Shoulder Injury
SECRETARY OF HEALTH AND
Related to Vaccine Administration
HUMAN SERVICES,
(SIRVA)
Respondent.
Ronald Craig Homer, Conway, Homer, P.C., Boston, MA, for petitioner.
Debra A. Filteau Begley, U.S. Department of Justice, Washington, DC, for respondent.
DECISION ON JOINT STIPULATION1
Dorsey, Chief Special Master:
On August 16, 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”) as a result of an influenza vaccine received on October 1,
2015. Petition at 1; Stipulation, filed January 23, 2019, at ¶¶ 1-4. Petitioner further
alleges that the vaccine was administered in the United States, that she suffered the
residual effects of her injury for more than six months after the administration of the
vaccine, and that no lawsuits have been filed or settlements or awards accepted by
anyone, including the petitioner, due to her vaccine-related injury. Petition at 14;
Stipulation at ¶¶ 3-5. “Respondent denies that petitioner’s alleged SIRVA, or any other
injury, was caused-in-fact by the influenza vaccination.” 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-01106-UNJ Document 39 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 $115,000.00 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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