VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-01587 Package ID: USCOURTS-cofc-1_17-vv-01587 Petitioner: Janice Berkow Filed: 2017-10-23 Decided: 2019-02-12 Vaccine: influenza Vaccination date: 2016-08-19 Condition: neurological symptoms, to include left shoulder neuritis Outcome: compensated Award amount USD: 35000 AI-assisted case summary: Petitioner Janice Berkow filed a petition on October 23, 2017, seeking compensation under the National Vaccine Injury Compensation Program. She alleged that she developed neurological symptoms, specifically left shoulder neuritis, as a result of receiving an influenza vaccine on August 19, 2016. The respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused Ms. Berkow's alleged injuries. Despite maintaining their respective positions, both parties agreed to settle the case and entered into a stipulation on December 13, 2018. Based on this stipulation, Special Master Katherine E. Oler issued a decision awarding Ms. Berkow compensation. The award included a lump sum of $35,000.00, intended to cover all damages available under the National Vaccine Injury Compensation Program. The decision was finalized on February 12, 2019. Petitioner was represented by Maximillian Muller of Muller Brazil, LLP, and the respondent was represented by Jay All of the U.S. Department of Justice. Theory of causation field: Petitioner Janice Berkow alleged that an influenza vaccine administered on August 19, 2016, caused neurological symptoms, specifically left shoulder neuritis. The respondent denied causation. The parties entered into a stipulation on December 13, 2018, agreeing to settle the case and award compensation. Special Master Katherine E. Oler adopted the stipulation, awarding a lump sum of $35,000.00 to Petitioner Janice Berkow on February 12, 2019. The public decision does not describe the specific mechanism of injury, medical experts, clinical details of the onset or symptoms, diagnostic tests, or treatments. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_17-vv-01587-0 Date issued/filed: 2019-02-12 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 12/14/2018) regarding 24 DECISION Stipulation/Proffer. Signed by Special Master Katherine E. Oler. (dd) Service on parties made. -------------------------------------------------------------------------------- Case 1:17-vv-01587-UNJ Document 30 Filed 02/12/19 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 17-1587V (Not to be published) * * * * * * * * * * * * * * * * * * * * * * * * * * * * * JANICE BERKOW, * * Petitioner, * Filed: December 14, 2018 * v. * Decision by Stipulation; Damages; * Influenza (“Flu”) Vaccine. * SECRETARY OF HEALTH AND * HUMAN SERVICES, * * Respondent. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Maximillian Muller, Muller Brazil, LLP, Dresher, PA, for Petitioner. Jay All, U.S. Dep’t of Justice, Washington, DC, for Respondent. DECISION AWARDING DAMAGES1 On October 23, 2017, Petitioner Janice Berkow 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 “neurological symptoms, to include left shoulder neuritis” as a result of receiving an influenza (“flu”) vaccination on August 19, 2016. See Stipulation ¶ 4, dated December 13, 2018 (ECF No. 23); See also Petition. 1 Because this decision contains a reasoned explanation for my action in this case, I will post this decision on the United States Court of Federal Claims’ website, in accordance with the E-Government Act of 2002, Pub. L. No. 107- 347, § 205, 116 Stat. 2899, 2913 (codified as amended at 44 U.S.C. § 3501 note (2006)). As provided by 42 U.S.C. § 300aa-12(d)(4)(B), however, the parties may object to the posted decision’s inclusion of certain kinds of confidential information. Specifically, under Vaccine Rule 18(b), each party has 14 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 whole decision will be available to the public. (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-01587-UNJ Document 30 Filed 02/12/19 Page 2 of 7 Respondent denies “that the flu vaccine is the cause of [P]etitioner’s alleged neurological injuries or any other injury or condition.” See Stipulation ¶ 6. Nonetheless both parties, while maintaining their above-stated positions, agreed in a stipulation filed December 13, 2018 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. I therefore adopt it as my decision in awarding damages on the terms set forth therein. The stipulation awards: A lump sum of $35,000.00 in the form of a check payable to Petitioner. 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 Case 1:17-vv-01587-UNJ Document 30 Filed 02/12/19 Page 3 of 7 Case 1:17-vv-01587-UNJ Document 30 Filed 02/12/19 Page 4 of 7 Case 1:17-vv-01587-UNJ Document 30 Filed 02/12/19 Page 5 of 7 Case 1:17-vv-01587-UNJ Document 30 Filed 02/12/19 Page 6 of 7 Case 1:17-vv-01587-UNJ Document 30 Filed 02/12/19 Page 7 of 7