VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_18-vv-00131 Package ID: USCOURTS-cofc-1_18-vv-00131 Petitioner: Linda Kuznitz Filed: 2020-09-02 Decided: 2020-10-27 Vaccine: influenza Vaccination date: 2016-09-15 Condition: left shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 30593 AI-assisted case summary: Linda Kuznitz filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging she suffered a left shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on September 15, 2016. She claimed this injury was either a Table injury or was caused-in-fact or significantly aggravated by the vaccination. The respondent, the Secretary of Health and Human Services, denied that Petitioner sustained a SIRVA Table injury or that her injury was caused or aggravated by the vaccine. Despite maintaining these positions, both parties agreed to settle the case and enter a decision awarding compensation. The court reviewed the file and found the stipulation to be reasonable, adopting it as its decision. The award included $158.76 for a Care 1st Health Plan Arizona Medicaid lien, $434.90 for a Health Choice Arizona Medicaid lien, and a lump sum of $30,000.00 to Petitioner, totaling $30,593.66. This award represents compensation for all damages available under the program. The court directed that judgment be entered. Theory of causation field: Table Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_18-vv-00131-0 Date issued/filed: 2020-10-27 Pages: 9 Docket text: PUBLIC DECISION (Originally filed: 9/2/2020) regarding 55 DECISION of Special Master - Stipulation. Signed by Special Master Katherine E. Oler. (sl) Service on parties made. -------------------------------------------------------------------------------- Case 1:18-vv-00131-UNJ Document 62 Filed 10/27/20 Page 1 of 9 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 18-131V (not to be published) * * * * * * * * * * * * * * * * * * * * * * * * * * * * LINDA KUZNITZ, * * Filed: September 2, 2020 Petitioner, * * * v. * Decision by Stipulation; Damages; * Influenza (“Flu”) Vaccine; Shoulder SECRETARY OF HEALTH AND * Injury Related to Vaccine Administration HUMAN SERVICES, * (“SIRVA”). * * Respondent. * * * * * * * * * * * * * * * * * * * * * * * * * * * * Theodore Hong, Maglio Christopher & Toale, Seattle, WA, for Petitioner. Althea Davis, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON JOINT STIPULATION1 On January 26, 2018, Linda Kuznitz (“Petitioner”) filed a petition, seeking compensation under the National Vaccine Injury Compensation Program (“the Vaccine Program”).2 Pet., ECF No. 1. Petitioner alleges she suffered from left shoulder injury related to vaccine administration (“SIRVA”) as defined in the Table or in the alternative, her shoulder injury was caused-in-fact or significantly aggravated by the influenza (“flu”) vaccination she received on September 15, 2016. See Stipulation ¶ 2, 4, dated September 2, 2020 (ECF No. 54); 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 Decision 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 Vaccine Program comprises Part 2 of the National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755 (codified as amended at 42 U.S.C. §§ 300aa-10–34 (2012)) (hereinafter “Vaccine Act” or “the Act”). All subsequent references to sections of the Vaccine Act shall be to the pertinent subparagraph of 42 U.S.C. § 300aa. Case 1:18-vv-00131-UNJ Document 62 Filed 10/27/20 Page 2 of 9 Respondent denies “that [P]etitioner sustained a SIRVA Table injury, and further denies that [P]etitioner’s alleged shoulder injury or any other injury or condition, was caused or significantly aggravated by her receipt of the flu vaccine.” See Stipulation ¶ 6. Nonetheless, both parties, while maintaining their above-stated positions, agreed in a stipulation filed September 2, 2020 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: 1. A lump sum payment of $158.76 representing compensation for satisfaction of the Care 1st Health Plan Arizona Medicaid lien, in the form of a check payable to [P]etitioner and Recovery Management Systems, Inc. P.O. Box 5850 Peoria, AZ 85385 ID No. A91570372 Re: Care 1st Health Plan Arizona Tax Id: 86-0833167 2. A lump sum payment of $434.90 representing compensation for satisfaction of the Health Choice Arizona Medicaid lien, in the form of a check payable jointly to [P]etitioner and Recovery Management Systems, Inc. P.O. Box 5850 Peoria, AZ 85385 ID No. A91570372 Re: Health Choice Arizona 3. A lump sum of $30,000.00 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. 3 Pursuant to Vaccine Rule 11(a), the parties may expedite entry of judgment by jointly filing notice renouncing their right to seek review. Case 1:18-vv-00131-UNJ Document 62 Filed 10/27/20 Page 3 of 9 s/ Katherine E. Oler Katherine E. Oler Special Master Case 1:18-vv-00131-UNJ Document 62 Filed 10/27/20 Page 4 of 9 Case 1:18-vv-00131-UNJ Document 62 Filed 10/27/20 Page 5 of 9 Case 1:18-vv-00131-UNJ Document 62 Filed 10/27/20 Page 6 of 9 Case 1:18-vv-00131-UNJ Document 62 Filed 10/27/20 Page 7 of 9 Case 1:18-vv-00131-UNJ Document 62 Filed 10/27/20 Page 8 of 9 Case 1:18-vv-00131-UNJ Document 62 Filed 10/27/20 Page 9 of 9