VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-01928
Package ID: USCOURTS-cofc-1_17-vv-01928
Petitioner: Charyl Wojtaszek
Filed: 2017-12-12
Decided: 2020-01-10
Vaccine: influenza
Vaccination date: 2016-11-05
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 52500

AI-assisted case summary:
Charyl Wojtaszek filed a petition for compensation on December 12, 2017, alleging that an influenza vaccine received on November 5, 2016, caused her to develop a shoulder injury related to vaccine administration (SIRVA) with residual effects lasting more than six months. The respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused Petitioner's alleged SIRVA or any other injury. Nevertheless, on November 26, 2019, the parties filed a joint stipulation for award. Special Master Herbrina Sanders reviewed the stipulation, found it reasonable, and adopted it as the decision of the Court. The parties stipulated that Petitioner would receive a lump sum of $52,500.00 as compensation for all damages available under the program. Judgment was entered on January 10, 2020, awarding Petitioner $52,500.00. The public decision does not describe the specific onset of symptoms, medical examinations, treatments, or expert witnesses. Leah V. Durant represented the Petitioner, and Christine M. Becer represented the Respondent.

Theory of causation field:
Petitioner Charyl Wojtaszek alleged that an influenza vaccine administered on November 5, 2016, caused a shoulder injury related to vaccine administration (SIRVA) with residual effects lasting more than six months. Respondent denied causation. The parties stipulated to an award, and the Special Master adopted the stipulation. The public text indicates a "Table" theory of causation was considered, but does not detail the specific mechanism or expert testimony. Petitioner was awarded $52,500.00 as a lump sum. Special Master Herbrina Sanders issued the decision on January 10, 2020, based on a stipulation filed November 26, 2019. Petitioner was represented by Leah V. Durant, and Respondent by Christine M. Becer.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_17-vv-01928-0
Date issued/filed: 2020-01-10
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 11/26/2019) regarding 33 DECISION Stipulation/Proffer. Signed by Special Master Herbrina Sanders. (rs) Service on parties made.
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Case 1:17-vv-01928-UNJ Document 37 Filed 01/10/20 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
Filed: November 26, 2019
* * * * * * * * * * * * * * * * * * * * * * * * *
CHARYL WOJTASZEK, * No. 17-1928V
*
Petitioner, * Special Master Sanders
v. *
*
SECRETARY OF HEALTH * Stipulation for Award; Influenza (“flu”)
AND HUMAN SERVICES, * Vaccine; Shoulder Injury Related to
* Vaccine Administration (“SIRVA”)
Respondent. *
* * * * * * * * * * * * * * * * * * * * * * * * *
Leah V. Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC, for Petitioner.
Christine M. Becer, United States Department of Justice, Washington, DC, for Respondent.
DECISION1
On December 12, 2017, Charyl Wojtaszek (“Petitioner”) filed a petition for compensation
pursuant to the National Vaccine Injury Compensation Program.2 42 U.S.C. §§ 300aa-10 to -34
(2012); Pet. at 1, ECF No. 1. Petitioner alleged that the influenza (“flu”) vaccine she received on
November 5, 2016, caused her to develop a shoulder injury related to vaccine administration
(“SIRVA”). See Stip. at 1, ECF No. 32; Pet. at 1. Petitioner further alleged that she experienced
the residual effects of her injury for more than six months. Stip. at 1.
On November 26, 2019, the parties filed a stipulation in which they state that a decision
should be entered awarding compensation to Petitioner. Id. at 2. Respondent denies that the flu
vaccine caused Petitioner’s alleged SIRVA, or any other injury. Id. at 1–2. Nevertheless, the
parties agree to the joint stipulation, attached hereto as Appendix A. I find the stipulation
reasonable and adopt it as the decision of the Court in awarding damages, on the terms set forth
therein.
1 This decision shall be posted on the website of the United States Court of Federal Claims, 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 (2012)). This means the Decision will be
available to anyone with access to the Internet. As provided by 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).
2 National Childhood Vaccine Injury Act of 1986, Pub L. No. 99-660, 100 Stat. 3755.

Case 1:17-vv-01928-UNJ Document 37 Filed 01/10/20 Page 2 of 7
The parties stipulate that Petitioner shall receive the following compensation:
A lump sum of $52,500.00 in the form of a check payable to [P]etitioner.
This amount represents compensation for all damages that would be
available under 42 U.S.C. § 300aa-15(a).
Id. at 2.
I approve the requested amount for Petitioner’s compensation. Accordingly, an award
should be made consistent with the stipulation.
In the absence of a motion for review filed pursuant to RCFC Appendix B, the Clerk of
Court SHALL ENTER JUDGMENT in accordance with the terms of the parties’ stipulation.3
IT IS SO ORDERED.
s/Herbrina D. Sanders
Herbrina D. Sanders
Special Master
3 Pursuant to Vaccine Rule 11(a), entry of judgment is expedited by the parties’ joint filing of
notice renouncing the right to seek review.
2

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