VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_18-vv-00227
Package ID: USCOURTS-cofc-1_18-vv-00227
Petitioner: Rebecca Plona
Filed: 2019-01-02
Decided: 2019-02-27
Vaccine: influenza
Vaccination date: 2015-09-24
Condition: musculocutaneous nerve injury, Parsonage-Turner syndrome, and tendonitis
Outcome: compensated
Award amount USD: 98411

AI-assisted case summary:
Rebecca Plona filed a petition for compensation under the National Vaccine Injury Compensation Program on January 2, 2019. She alleged that she developed a musculocutaneous nerve injury, Parsonage-Turner syndrome, and tendonitis as a result of an influenza vaccine she received on September 24, 2015. The respondent, the Secretary of Health and Human Services, denied that the alleged injuries were caused by the vaccine. However, the parties subsequently filed a joint stipulation agreeing that compensation should be awarded. Chief Special Master Nora Beth Dorsey found the stipulation reasonable and adopted it as the decision of the Court. Pursuant to the stipulation, Rebecca Plona was awarded a lump sum of $90,000, payable to her, for all items of damages. Additionally, she was awarded a lump sum of $8,411.94, payable jointly to her and the State of Ohio Medicaid Tort Recovery Unit, to reimburse a State of Ohio Medicaid lien. The total award amounted to $98,411.94. The public decision does not describe the specific onset of symptoms, clinical details of the injuries, diagnostic tests performed, or treatments received. The specific theory of causation and any expert testimony are not detailed in the public decision, as the case was resolved via stipulation.

Theory of causation field:
Petitioner Rebecca Plona alleged that a September 24, 2015, influenza vaccine caused a musculocutaneous nerve injury, Parsonage-Turner syndrome, and tendonitis. The respondent denied causation. The parties filed a joint stipulation agreeing to an award. The public decision does not detail the specific mechanism of injury, expert testimony, or the evidence considered. Chief Special Master Nora Beth Dorsey adopted the stipulation, awarding a total of $98,411.94 ($90,000 lump sum for damages and $8,411.94 for a Medicaid lien reimbursement). The case was resolved via stipulation, and the theory of causation is unclear from the public record.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_18-vv-00227-0
Date issued/filed: 2019-02-27
Pages: 8
Docket text: PUBLIC DECISION (Originally filed: 01/02/2019) regarding 23 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey. )(mpj) Service on parties made.
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Case 1:18-vv-00227-UNJ Document 29 Filed 02/27/19 Page 1 of 8
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 18-0227V
Filed: January 2, 2019
UNPUBLISHED
REBECCA PLONA,
Petitioner,
Special Processing Unit (SPU); Joint
v.
Stipulation on Damages; Influenza
(Flu) Vaccine; Parsonage-Turner
SECRETARY OF HEALTH AND
Syndrome
HUMAN SERVICES,
Respondent.
John Robert Howie, Howie Law, PC, Dallas, TX, for petitioner.
Jennifer Leigh Reynaud, U.S. Department of Justice, Washington, DC, for respondent.
DECISION ON JOINT STIPULATION1
Dorsey, Chief Special Master:
On February 14, 2018, 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 developed a musculocutaneous nerve injury,
Parsonage-Turner syndrome, and tendonitis as a result of the influenza (“flu”) vaccine
she received on September 24, 2015. Petition at 1, 14; Stipulation, filed December 18,
2018, at ¶ 4. Petitioner further alleges that the vaccine was administered in the United
States, that she suffered the residual effects of her alleged injuries for more than six
months and that she has not received any compensation in the form of an award or civil
settlement for her vaccine-related injuries. Petition at 14; Stipulation at ¶¶ 3-5.
“Respondent denies that petitioner’s alleged injuries and residual effects were caused
by the flu vaccine. ” 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 1:18-vv-00227-UNJ Document 29 Filed 02/27/19 Page 2 of 8
Nevertheless, on December 18, 2018, 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:
A. A lump sum of $90,000 in the form of a check payable to petitioner.
Stipulation at ¶ 8(a). This amount represents compensation for all items of
damages that would be available under § 15(a). Id.
B. A lump sum of $8,411.94, which amount represents reimbursement of a
State of Ohio Medicaid lien for services rendered on behalf of Rebecca
Plona, in the form of a check payable jointly to petitioner and
Ohio Department of Medicaid
Ohio Tort Recovery Unit
350 Worthington Rd. Suite G
Westerville, Ohio 43082
Case Number: 1108347
Petitioner agrees to endorse this payment to the State of Ohio.
These amounts represent compensation for all damages that would be available under
§ 15(a).
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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