VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_19-vv-00051
Package ID: USCOURTS-cofc-1_19-vv-00051
Petitioner: Kathleen Schmidt
Filed: 2019-01-09
Decided: 2022-03-30
Vaccine: influenza
Vaccination date: 2017-11-21
Condition: left shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 80000

AI-assisted case summary:
Kathleen Schmidt filed a petition on January 9, 2019, alleging that she suffered a left shoulder injury related to vaccine administration (SIRVA) as a result of receiving an influenza vaccine on November 21, 2017. The respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused petitioner's injury. However, the parties reached a stipulation to settle the case. The stipulation provided for a lump sum award of $80,000.00, payable to petitioner, to compensate for all damages. Special Master Thomas L. Gowen issued a decision on the stipulation on March 30, 2022, and judgment was entered in accordance with the stipulation. The public decision does not describe the specific onset of symptoms, medical examinations, treatments, or expert witnesses. Kathleen M. Loucks represented the petitioner, and Mark K. Hellie represented the respondent.

Theory of causation field:
Petitioner Kathleen Schmidt alleged a left shoulder injury related to vaccine administration (SIRVA) following an influenza vaccine on November 21, 2017. Respondent denied causation. The parties stipulated to a settlement award of $80,000.00. The theory of causation was based on the Vaccine Injury Table. The public decision does not detail the specific mechanism of injury, expert testimony, or the medical evidence presented. The decision was issued by Special Master Thomas L. Gowen on March 30, 2022. Petitioner was represented by Kathleen M. Loucks, and respondent was represented by Mark K. Hellie.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_19-vv-00051-0
Date issued/filed: 2022-03-30
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 03/01/2022) regarding 68 DECISION Stipulation. Signed by Special Master Thomas L. Gowen. (hs) Service on parties made.
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Case 1:19-vv-00051-UNJ Document 74 Filed 03/30/22 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
Filed: March 1, 2022
* * * * * * * * * * * * *
KATHLEEN SCHMIDT, * UNPUBLISHED
*
Petitioner, * No. 19-0051V
*
v. * Special Master Gowen
*
SECRETARY OF HEALTH * Decision on Stipulation;
AND HUMAN SERVICES, * Influenza (“flu”); Shoulder
* Injury Related to Vaccine
Respondent. * Administration (“SIRVA”).
* * * * * * * * * * * * *
Kathleen M. Loucks, Lommen Abdo Law Firm, Minneapolis, MN, for petitioner.
Mark K. Hellie, U.S. Department of Justice, Washington, D.C., for respondent.
DECISION ON STIPULATION1
On January 9, 2019, Kathleen Schmidt (“petitioner”), filed a petition for compensation
under the National Vaccine Injury Program.2 Petition (ECF No. 1). Petitioner alleges that as a
result of receiving the influenza (“flu”) vaccine on November 21, 2017, she suffered a left
shoulder injury related to vaccine administration (“SIRVA”). Id.
On March 1, 2022, respondent filed a stipulation providing that a decision should be
entered awarding compensation to petitioner. Stipulation (ECF No. 67). Respondent denies that
the flu vaccine caused petitioner’s left shoulder injury or any other injury. Id. at ¶ 6.
Nevertheless, maintaining their respective positions, the parties now agree that the issues
between them shall bet settled that a decision should be entered awarding the compensation to
the petitioner according to the terms of the stipulation attached hereto as Appendix A. Id. at ¶ 7.
1 Pursuant to the E-Government Act of 2002, see 44 U.S.C. § 3501 note (2012), because this opinion contains a
reasoned explanation for the action in this case, I am required to post it on the website of the United States Court of
Federal Claims. The court’s website is at http://www.uscfc.uscourts.gov/aggregator/sources/7. This means the
opinion will be available to anyone with access to the Internet. Before the opinion is posted on the court’s
website, each party has 14 days to file a motion requesting 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). “An objecting party must provide the court with a proposed redacted version of the
decision.” Id. If neither party files a motion for redaction within 14 days, the opinion will be posted on the
court’s website without any changes. Id.
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-1 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.

Case 1:19-vv-00051-UNJ Document 74 Filed 03/30/22 Page 2 of 7
The stipulation provides:
1) A lump sum of $80,000.00 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).
Accordingly, the Clerk of the Court SHALL ENTER JUDGMENT in accordance with
the terms of the stipulation and this decision.3
IT IS SO ORDERED.
s/Thomas L. Gowen
Thomas L. Gowen
Special Master
3 Entry of judgment is expedited by each party’s filing notice renouncing the right to seek review. Vaccine Rule
11(a).
2

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