VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_18-vv-00749
Package ID: USCOURTS-cofc-1_18-vv-00749
Petitioner: Carol Vorwerck
Filed: 2018-05-29
Decided: 2023-05-16
Vaccine: pneumococcal
Vaccination date: 2016-10-07
Condition: eosinophilic granulomatosis with polyangiitis
Outcome: compensated
Award amount USD: 50000

AI-assisted case summary:
Carol Vorwerck filed a petition on May 29, 2018, alleging that she suffered from eosinophilic granulomatosis with polyangiitis (EGPA) as a result of a pneumococcal vaccine (Prevnar) she received on October 7, 2016. The respondent, the Secretary of Health and Human Services, denied that the vaccine caused Petitioner's alleged EGPA or any other injury, and denied that her current disabilities were a sequela of a vaccine-related injury. Despite the respondent's denial, the parties reached a stipulation recommending an award of compensation, which was filed on May 16, 2023. Special Master Nora Beth Dorsey adopted the stipulation as the decision of the Court. Under the terms of the stipulation, Carol Vorwerck was awarded a lump sum of $50,000.00 as compensation for all damages available under the National Vaccine Injury Compensation Program. The parties agreed to waive their right to seek review, and judgment was entered accordingly. The public decision does not describe the onset of symptoms, specific clinical details, diagnostic tests, treatments, or expert witnesses. Petitioner was represented by Diana Lynn Stadelnikas of Maglio Christopher and Toale, PA, and Respondent was represented by Colleen Clemons Hartley of the U.S. Department of Justice.

Theory of causation field:
Petitioner Carol Vorwerck alleged that a pneumococcal (Prevnar) vaccine administered on October 7, 2016, caused her to develop eosinophilic granulomatosis with polyangiitis (EGPA). The respondent denied causation. The parties reached a stipulation for compensation, and Special Master Nora Beth Dorsey adopted it on May 16, 2023. Petitioner received a lump sum award of $50,000.00. The public decision does not detail the specific theory of causation, medical experts, or the mechanism by which the vaccine allegedly caused the condition. The outcome was compensated via stipulation.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_18-vv-00749-0
Date issued/filed: 2023-06-12
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 5/16/2023) regarding 97 DECISION Stipulation. Signed by Special Master Nora Beth Dorsey. (mjf) Service on parties made.
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Case 1:18-vv-00749-UNJ Document 101 Filed 06/12/23 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
Filed: May 16, 2023
* * * * * * * * * * * * * * * * * * *
CAROL VORWERCK, * UNPUBLISHED
*
Petitioner, * No. 18-749V
*
v. * Special Master Dorsey
*
SECRETARY OF HEALTH * Decision Based on Stipulation;
AND HUMAN SERVICES, * Pneumococal (“Prevnar”) Vaccine;
* Eosinophilic Granulomatosis with
Respondent. * Polyangiitis (“EGPA”).
*
* * * * * * * * * * * * * * * * * * *
Diana Lynn Stadelnikas, Maglio Christopher and Toale, PA, Sarasota, FL, for Petitioner.
Colleen Clemons Hartley, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION BASED ON STIPULATION1
On May 29, 2018, Carol Vorwerck (“Petitioner”) filed a petition in the National Vaccine
Injury Program2 alleging that she suffered from eosinophilic granulomatosis with polyangiitis
(“EGPA”) as a result of a pneumococcal (“Prevnar”) vaccine she received on October 7, 2016.
Petition at 1, 3 (ECF No. 1).
On May 16, 2023, the parties filed a stipulation recommending an award of compensation
to Petitioner. Stipulation (ECF No. 96). Respondent denies the Prevnar vaccine caused
1 Because this Decision contains a reasoned explanation for the action in this case, the
undersigned is required to post it on the United States Court of Federal Claims’ website and/or at
https://www.govinfo.gov/app/collection/uscourts/national/cofc in accordance with the E-
Government Act of 2002. 44 U.S.C. § 3501 note (2018) (Federal Management and Promotion of
Electronic Government Services). 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.
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. §§ 300aa-10 to -34 (2018) (“Vaccine Act” or “the Act”). All citations in this Decision
to individual sections of the Vaccine Act are to 42 U.S.C.A. § 300aa.
1

Case 1:18-vv-00749-UNJ Document 101 Filed 06/12/23 Page 2 of 7
Petitioner’s alleged EGPA, or any other injury and further denies that her alleged current
disabilities are a sequela of a vaccine-related injury. Nevertheless, the parties agree to the joint
stipulation, attached hereto as Appendix A. The undersigned finds the stipulation reasonable and
adopts it as the decision of the Court in awarding damages, on the terms set forth therein.
The parties stipulate that Petitioner shall receive the following compensation:
(1) A lump sum of $50,000.00 in the form of a check payable to Petitioner.
This amount represents compensation for all damages that would be available under 42
U.S.C. § 300aa-15(a). Stipulation at ¶ 8.
The undersigned approves 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/Nora B. Dorsey
Nora B. Dorsey
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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