VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_18-vv-01295 Package ID: USCOURTS-cofc-1_18-vv-01295 Petitioner: Lisa Olexsa Filed: 2018-09-16 Decided: 2020-10-20 Vaccine: influenza Vaccination date: 2015-09-11 Condition: left Shoulder Injury Related to Vaccine Administration (SIRVA) Outcome: compensated Award amount USD: 108000 AI-assisted case summary: Lisa Olexsa filed a petition on September 16, 2020, seeking compensation under the National Vaccine Injury Compensation Program. She alleged that she suffered a left Shoulder Injury Related to Vaccine Administration (SIRVA) as a result of an influenza vaccination received on September 11, 2015. Ms. Olexsa claimed the onset of pain occurred within 48 hours of the injection and that she experienced residual effects lasting more than six months. The respondent denied that the petitioner sustained a SIRVA Table injury or that the flu vaccine caused any other injury. Despite these denials, the parties filed a joint stipulation on September 16, 2020, agreeing that compensation should be awarded. Chief Special Master Brian H. Corcoran reviewed the stipulation, found it reasonable, and adopted it as the decision. The decision awarded Ms. Olexsa a lump sum of $108,000.00, payable to the petitioner, as compensation for all items of damages. The public decision does not describe the specific symptoms, medical tests, treatments, or expert witnesses involved in this case. Petitioner was represented by Jessica E. Choper of Britcher Leone, L.L.C., and respondent was represented by Camille Michelle Collett of the U.S. Department of Justice. Theory of causation field: Petitioner Lisa Olexsa alleged a left Shoulder Injury Related to Vaccine Administration (SIRVA) following an influenza vaccination on September 11, 2015, with onset of pain within 48 hours and residual effects lasting over six months. Respondent denied a SIRVA Table injury or other vaccine-related injury. The parties filed a joint stipulation for compensation, which Chief Special Master Brian H. Corcoran adopted as the decision. The award was a lump sum of $108,000.00. The public decision does not detail the specific mechanism of injury, expert testimony, or the basis for the stipulation beyond the parties' agreement. The theory of causation is based on the "Table" category for SIRVA, though respondent contested this specific classification. Petitioner counsel was Jessica E. Choper, and respondent counsel was Camille Michelle Collett. The decision date was October 20, 2020. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_18-vv-01295-0 Date issued/filed: 2020-10-20 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 09/16/2020) regarding 43 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made. -------------------------------------------------------------------------------- Case 1:18-vv-01295-UNJ Document 45 Filed 10/20/20 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 18-1295V UNPUBLISHED LISA OLEXSA, Chief Special Master Corcoran Petitioner, Filed: September 16, 2020 v. Special Processing Unit (SPU); Joint SECRETARY OF HEALTH AND Stipulation on Damages; Influenza HUMAN SERVICES, (Flu) Vaccine; Shoulder Injury Related to Vaccine Administration Respondent. (SIRVA) Jessica E. Choper, Britcher Leone, L.L.C., Glen Rock, NJ, for petitioner. Camille Michelle Collett, U.S. Department of Justice, Washington, DC, for respondent. DECISION ON JOINT STIPULATION1 On August 27, 2018, Lisa Olexsa 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 suffered a left Shoulder Injury Related to Vaccine Administration (SIRVA) as a result of an influenza (“flu”) vaccination she received on September 11, 2015. Petition at 1; Stipulation, filed at September 16, 2020, ¶¶ 2, 4. Petitioner further alleges that she experienced the onset of pain within 48 hours of the administration of the injection and that she suffered the residual effects of this injury for more than six months. Petition at 2-8; Stipulation at ¶ 4. “Respondent denies that petitioner sustained a SIRVA Table injury, and further denies that the flu vaccine caused any other injury or condition. ” Stipulation at ¶ 6. Nevertheless, on September 16, 2020, the parties filed the attached joint stipulation, stating that a decision should be entered awarding compensation. I find the 1 Because this unpublished decision contains a reasoned explanation for the action in this case, I am 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). 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, I agree that the identified material fits within this definition, I will redact such material from public access. 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-01295-UNJ Document 45 Filed 10/20/20 Page 2 of 7 stipulation reasonable and adopt it as my decision awarding damages, on the terms set forth therein. Pursuant to the terms stated in the attached Stipulation, I award the following compensation: A lump sum of $108,000.00 in the form of a check payable to Petitioner. Stipulation at ¶ 8. This amount represents compensation for all items of damages that would be available under Section 15(a). Id. I approve 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/Brian H. Corcoran Brian H. Corcoran 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 Case 1:18-vv-01295-UNJ Document 45 Filed 10/20/20 Page 3 of 7 Case 1:18-vv-01295-UNJ Document 45 Filed 10/20/20 Page 4 of 7 Case 1:18-vv-01295-UNJ Document 45 Filed 10/20/20 Page 5 of 7 Case 1:18-vv-01295-UNJ Document 45 Filed 10/20/20 Page 6 of 7 Case 1:18-vv-01295-UNJ Document 45 Filed 10/20/20 Page 7 of 7