VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_18-vv-01819 Package ID: USCOURTS-cofc-1_18-vv-01819 Petitioner: Janis F. Falkoff Filed: 2018-11-27 Decided: 2023-01-30 Vaccine: hepatitis B Vaccination date: 2017-11-28 Condition: lichen planus Outcome: compensated Award amount USD: 60000 AI-assisted case summary: On November 27, 2018, Janis F. Falkoff, formerly known as Janis F. Holsman, filed a petition alleging she suffered from lichen planus as a result of hepatitis B vaccines received on November 28, 2017, January 3, 2018, and April 11, 2018. The respondent, the Secretary of Health and Human Services, denied that the vaccine caused Petitioner's alleged injuries or any other injury, and denied that her current condition is a sequela of a vaccine-related injury. Despite these denials, the parties reached a stipulation recommending an award of compensation, which was filed on January 30, 2023. Special Master Nora Beth Dorsey reviewed the stipulation and found it to be reasonable, adopting it as the decision of the Court. Petitioner was awarded a lump sum of $60,000.00, payable by check to Petitioner, as compensation for all damages available under the National Childhood Vaccine Injury Act. The decision was entered on January 31, 2023. Petitioner was represented by Richard H. Moeller of Moore Corbett, and Respondent was represented by Madelyn Weeks of the U.S. Department of Justice. The public decision does not describe the onset of symptoms, specific clinical details, or any medical experts consulted. Theory of causation field: Petitioner Janis F. Falkoff alleged that she suffered from lichen planus as a result of hepatitis B vaccines received on November 28, 2017, January 3, 2018, and April 11, 2018. The respondent denied causation. The parties reached a stipulation for compensation, which was adopted by Special Master Nora Beth Dorsey. Petitioner was awarded $60,000.00. The public decision does not specify the theory of causation, medical experts, or the mechanism of injury. The case was settled via stipulation. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_18-vv-01819-0 Date issued/filed: 2023-02-27 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 1/31/2023) regarding 90 DECISION Stipulation. Signed by Special Master Nora Beth Dorsey. (kis) Service on parties made. -------------------------------------------------------------------------------- Case 1:18-vv-01819-UNJ Document 98 Filed 02/27/23 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS Filed: January 31, 2023 * * * * * * * * * * * * * * * JANIS F. FALKOFF, * UNPUBLISHED * Petitioner, * No. 18-1819V * v. * Special Master Dorsey * SECRETARY OF HEALTH * Decision Based on Stipulation; AND HUMAN SERVICES, * Hepatitis B Vaccine; Lichen Planus. * Respondent. * * * * * * * * * * * * * * * * Richard H. Moeller, Moore Corbett, Sioux City, IA, for Petitioner. Madelyn Weeks, U.S. Department of Justice, Washington, DC, for Respondent. DECISION BASED ON STIPULATION1 On November 27, 2018, Janis F. Falkoff2 (“Petitioner”) filed a petition in the National Vaccine Injury Program3 alleging she suffered from injuries, including lichen planus, as a result of hepatitis B vaccines she received on November 28, 2017, January 3, 2018, and April 11, 2018. Petition at ¶¶ 2, 12, 16 (ECF No. 1). On January 30, 2023, the parties filed a stipulation recommending an award of compensation to Petitioner. Stipulation (ECF No. 89). Respondent denies that the vaccine 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 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, the undersigned agrees that the identified material fits within this definition, the undersigned will redact such material from public access. 2 At the time of filing, Petitioner’s last name was Holsman. See ECF No. 86. 3 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 (2012) (“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-01819-UNJ Document 98 Filed 02/27/23 Page 2 of 7 caused Petitioner’s alleged injuries or any other injury; and denies that her current condition is 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: A lump sum of $60,000.00 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.4 IT IS SO ORDERED. s/Nora B. Dorsey Nora B. Dorsey Special Master 4 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 Case 1:18-vv-01819-UNJ Document 98 Filed 02/27/23 Page 3 of 7 Case 1:18-vv-01819-UNJ Document 98 Filed 02/27/23 Page 4 of 7 Case 1:18-vv-01819-UNJ Document 98 Filed 02/27/23 Page 5 of 7 Case 1:18-vv-01819-UNJ Document 98 Filed 02/27/23 Page 6 of 7 Case 1:18-vv-01819-UNJ Document 98 Filed 02/27/23 Page 7 of 7