VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_19-vv-00031 Package ID: USCOURTS-cofc-1_19-vv-00031 Petitioner: Debra L. Duda Filed: 2019-01-04 Decided: 2021-12-21 Vaccine: influenza Vaccination date: 2017-12-06 Condition: adhesive capsulitis Outcome: compensated Award amount USD: 12500 AI-assisted case summary: Debra L. Duda filed a petition for compensation on January 4, 2019, alleging that the influenza vaccine she received on December 6, 2017, caused her to suffer adhesive capsulitis. Ms. Duda further alleged that she experienced residual effects from this injury for more than six months. The influenza vaccine is listed on the Vaccine Injury Table. Respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused Ms. Duda's condition. Despite the denial, the parties reached a joint stipulation for compensation. Special Master Christian J. Moran found the stipulation reasonable and adopted it as the decision of the Court. Ms. Duda was awarded a lump sum payment of $12,500.00, payable by check to the petitioner, to compensate for all damages available under 42 U.S.C. § 300aa-15(a). The decision was entered on December 21, 2021. Petitioner was represented by Mark T. Sadaka of the Law Offices of Sadaka Associates, LLC, and Respondent was represented by Lara A. Englund of the United States Department of Justice. The public decision does not describe the specific onset of symptoms, medical tests, treatments, or expert witnesses. The specific mechanism of causation was not detailed in the public decision. Theory of causation field: Petitioner Debra L. Duda alleged that an influenza vaccine received on December 6, 2017, caused adhesive capsulitis, an injury listed on the Vaccine Injury Table, with residual effects lasting more than six months. Respondent denied causation. The parties entered into a joint stipulation for compensation, which Special Master Christian J. Moran adopted. The stipulation resulted in a $12,500.00 lump sum award. The public decision does not detail the specific mechanism of causation, expert testimony, or the evidence considered beyond the stipulation. Petitioner counsel was Mark T. Sadaka; Respondent counsel was Lara A. Englund. Decision date was December 21, 2021. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_19-vv-00031-1 Date issued/filed: 2022-01-13 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 12/21/2021) regarding 78 DECISION Stipulation/Proffer. Signed by Special Master Christian J. Moran. (jmw) Service on parties made. -------------------------------------------------------------------------------- Case 1:19-vv-00031-UNJ Document 87 Filed 01/13/22 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS * * * * * * * * * * * * * * * * * * * * * DEBRA L. DUDA, * * No. 19-31V Petitioner, * Special Master Christian J. Moran * v. * Filed: December 21, 2021 * SECRETARY OF HEALTH * Stipulation; influenza (“flu”) vaccine; AND HUMAN SERVICES, * adhesive capsulitis. * Respondent. * * * * * * * * * * * * * * * * * * * * * * Mark T. Sadaka, Law Offices of Sadaka Associates, LLC, Englewood, NJ, for Petitioner; Lara A. Englund, United States Dep’t of Justice, Washington, DC, for Respondent. UNPUBLISHED DECISION1 On December 21, 2021, the parties filed a joint stipulation concerning the petition for compensation filed by Debra Duda on January 4, 2019. Petitioner alleged that the influenza (“flu”) vaccine she received on December 6, 2017, which is contained in the Vaccine Injury Table (the “Table”), 42 C.F.R. §100.3(a), caused her to suffer adhesive capsulitis. Petitioner further alleges that she suffered the residual effects of this injury for more than six months. Petitioner represents that there has been no prior award or settlement of a civil action for damages on her behalf as a result of her condition. Respondent denies that the flu vaccine caused petitioner to suffer from adhesive capsulitis or any other injury. 1 The E-Government Act, 44 U.S.C. § 3501 note (2012) (Federal Management and Promotion of Electronic Government Services), requires that the Court post this decision on its website. Pursuant to Vaccine Rule 18(b), the parties have 14 days to file a motion proposing redaction of medical information or other information described in 42 U.S.C. § 300aa-12(d)(4). Any redactions ordered by the special master will appear in the document posted on the website. Case 1:19-vv-00031-UNJ Document 87 Filed 01/13/22 Page 2 of 7 Nevertheless, the parties agree to the joint stipulation, attached hereto. The undersigned finds said stipulation reasonable and adopts it as the decision of the Court in awarding damages, on the terms set forth therein. Damages awarded in that stipulation include: A lump sum payment of $12,500.00 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). In the absence of a motion for review filed pursuant to RCFC, Appendix B, the clerk is directed to enter judgment according to this decision and the attached stipulation.2 IT IS SO ORDERED. s/Christian J. Moran Christian J. Moran Special Master 2 Pursuant to Vaccine Rule 11(a), the parties can expedite entry of judgment by each party filing a notice renouncing the right to seek review by a United States Court of Federal Claims judge. 2 Case 1:19-vv-00031-UNJ Document 87 Filed 01/13/22 Page 3 of 7 Case 1:19-vv-00031-UNJ Document 87 Filed 01/13/22 Page 4 of 7 Case 1:19-vv-00031-UNJ Document 87 Filed 01/13/22 Page 5 of 7 Case 1:19-vv-00031-UNJ Document 87 Filed 01/13/22 Page 6 of 7 Case 1:19-vv-00031-UNJ Document 87 Filed 01/13/22 Page 7 of 7