VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_18-vv-01453
Package ID: USCOURTS-cofc-1_18-vv-01453
Petitioner: Donnette Giza
Filed: 2018-09-21
Decided: 2021-06-01
Vaccine: influenza
Vaccination date: 2017-10-18
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 99624

AI-assisted case summary:
Donnette Giza filed a petition for compensation under the National Vaccine Injury Compensation Program on September 21, 2018. Ms. Giza alleged that she suffered a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on October 18, 2017. The respondent, the Secretary of Health and Human Services, denied that the immunization caused petitioner's injury. The parties, represented by Leah V. Durant, Esq., for the petitioner and Ryan Pyles, Esq., for the respondent, reached a settlement agreement. The terms of the settlement stipulated that the respondent would issue a lump sum payment of $99,624.63, payable to Ms. Giza, as compensation for all damages. Special Master Mindy Michaels Roth adopted the parties' stipulation and awarded the compensation. The decision was filed on June 1, 2021.

Theory of causation field:
Petitioner Donnette Giza alleged a shoulder injury related to vaccine administration (SIRVA) following an influenza vaccine on October 18, 2017. Respondent denied causation. The parties reached a stipulation for settlement. The public decision does not describe the specific theory of causation, medical experts, clinical details of the injury, onset, symptoms, diagnostic tests, or treatments. The settlement awarded a lump sum of $99,624.63 to petitioner. Special Master Mindy Michaels Roth adopted the stipulation. The decision date was June 1, 2021. Petitioner's counsel was Leah V. Durant, Esq., and respondent's counsel was Ryan Pyles, Esq.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_18-vv-01453-0
Date issued/filed: 2021-06-01
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 5/5/2021) regarding 41 DECISION Stipulation. Signed by Special Master Mindy Michaels Roth. (ec) Service on parties made.
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Case 1:18-vv-01453-UNJ Document 45 Filed 06/01/21 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 18-1453V
Filed: May 5, 2021
* * * * * * * * * * * * *
DONNETTE GIZA, * UNPUBLISHED
*
Petitioner, * Decision on Joint Stipulation;
* Shoulder Injury Related to
v. * Vaccine Administration
* (“SIRVA”); Influenza (“Flu”)
SECRETARY OF HEALTH * Vaccine.
AND HUMAN SERVICES, *
*
Respondent. *
* * * * * * * * * * * * *
Leah V. Durant, Esq., Law Office of Leah V. Durant, PLLC, Washington, DC, for petitioner.
Ryan Pyles, Esq., US Department of Justice, Washington, DC, for respondent.
DECISION ON JOINT STIPULATION1
Roth, Special Master:
On September 21, 2018, Donnette Giza [“Ms. Giza” or “petitioner”] filed a petition for
compensation under the National Vaccine Injury Compensation Program.2 Petitioner alleges that
she suffered a shoulder injury related to vaccine administration (“SIRVA”) after receiving an
influenza (“flu”) vaccine on October 18, 2017. Stipulation, filed May 4, 2021, at ¶¶ 1-4.
Respondent denies that the immunization caused petitioner’s injury. Stipulation at ¶ 6.
1 Although this Decision has been formally designated “unpublished,” it will nevertheless be posted on the
Court of Federal Claims’ website, in accordance with the E-Government Act of 2002, Pub. L. No. 107-347,
116 Stat. 2899, 2913 (codified as amended at 44 U.S.C. § 3501 note (2006)). This means the Decision will
be available to anyone with access to the internet. 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 whole Decision will be available to the public. Id.
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).
1

Case 1:18-vv-01453-UNJ Document 45 Filed 06/01/21 Page 2 of 7
Nevertheless, the parties have agreed to settle the case. On May 4, 2021, the parties filed a
joint stipulation agreeing to settle this case and describing the settlement terms.
Respondent agrees to issue the following payment:
A lump sum of $99,624.63 in the form of a check payable to petitioner, Donnette
Giza. This amount represents compensation for all damages that would be available
under § 300aa-15(a).
I adopt the parties’ stipulation attached hereto, and award compensation in the amount and
on the terms set forth therein. The clerk of the court is directed to enter judgment in accordance
with this decision.3
IT IS SO ORDERED.
s/ Mindy Michaels Roth
Mindy Michaels Roth
Special Master
3 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by each party filing a notice
renouncing the right to seek review.
2

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