VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_19-vv-00578
Package ID: USCOURTS-cofc-1_19-vv-00578
Petitioner: Genevieve Costabile
Filed: 2019-04-17
Decided: 2021-01-26
Vaccine: influenza
Vaccination date: 2017-09-18
Condition: left brachial plexopathy
Outcome: compensated
Award amount USD: 46258

AI-assisted case summary:
Genevieve Costabile, an adult, filed a petition for compensation within the National Vaccine Injury Compensation Program on April 17, 2019. The petition sought compensation for injuries allegedly related to the receipt of an influenza (flu) vaccine on September 18, 2017. The flu vaccine is listed on the Vaccine Injury Table. Ms. Costabile alleged that she suffered a left brachial plexopathy as a result of the vaccination and experienced residual effects for more than six months. The respondent, the Secretary of Health and Human Services, denied that Ms. Costabile sustained a left brachial plexopathy or any other injury caused by the vaccine. However, the parties entered into a stipulation to resolve the case. Special Master Thomas L. Gowen adopted the stipulation. The decision does not describe the specific onset of symptoms, medical examinations, or treatments. The public decision does not name petitioner's counsel or respondent's counsel. The stipulation awarded Genevieve Costabile a lump sum of $46,258.78, payable by check to the petitioner, as compensation for all damages. This decision was issued on January 26, 2021.

Theory of causation field:
Petitioner Genevieve Costabile received an influenza vaccine on September 18, 2017, and alleged a resulting left brachial plexopathy with residual effects lasting more than six months. The influenza vaccine is on the Vaccine Injury Table. The respondent denied causation. The parties stipulated to a resolution, and Special Master Thomas L. Gowen adopted the stipulation. The public decision does not detail the specific medical mechanism, expert testimony, or clinical findings supporting the petitioner's claim or the respondent's denial. The award was $46,258.78 as a lump sum. The petition was filed on April 17, 2019, and the decision was issued on January 26, 2021. Petitioner counsel was Ronald C. Homer and respondent counsel was Lynn C. Schlie.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_19-vv-00578-0
Date issued/filed: 2021-01-26
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 1/5/21) regarding 32 DECISION Stipulation/Proffer Signed by Special Master Thomas L. Gowen. (kb) Service on parties made.
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Case 1:19-vv-00578-UNJ Document 35 Filed 01/26/21 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
Filed: January 5, 2021
* * * * * * * * * * * * *
GENEVIEVE COSTABILE, * UNPUBLISHED
*
Petitioner, * No. 19-578V
*
v. * Special Master Gowen
*
SECRETARY OF HEALTH * Stipulation; Influenza (Flu);
AND HUMAN SERVICES, * Brachial Plexopathy.
*
Respondent. *
* * * * * * * * * * * * *
Ronald C. Homer, Conway, Homer, P.C., Boston, MA, for petitioner.
Lynn C. Schlie, United States Department of Justice, Washington, DC, for respondent.
DECISION ON STIPULATION1
On April 17, 2019, Genevieve Costabile (“petitioner”) filed a petition for compensation
within the National Vaccine Injury Compensation Program.2 Petition (ECF No. 1). The petition
seeks compensation for injuries allegedly related to petitioner’s receipt of an influenza (flu)
vaccine, which is a vaccine contained in the Vaccine Injury Table (the “Table”), 42 C.F.R. §
100.3(a).
Petitioner received a flu vaccine on September 18, 2017. The vaccine was administered
within the United States. Petitioner alleges that she suffered a left brachial plexopathy as a result
of receiving the flu vaccine and that she experienced the residual effects of this injury for more
than six months.
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 intend 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. 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 opinion. 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-00578-UNJ Document 35 Filed 01/26/21 Page 2 of 7
On January 5, 2021, respondent filed a stipulation providing that a decision should be
entered awarding compensation to petitioner. Stipulation (ECF No. 31). Respondent denies that
petitioner sustained a left brachial plexopathy following the flu vaccination and further denies
that the vaccine caused petitioner to suffer any other injury or her current condition. Id. at ¶ 6.
Maintaining their respective positions, the parties nevertheless now agree that the issues between
them shall be settled and that a decision should be entered awarding compensation according to
the terms of the stipulation attached hereto as Appendix A. Id. at ¶ 7.
The stipulation awards:
1) A lump sum of $46,258.78 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). I adopt the stipulation as the decision of the Court and hereby award
compensation in the amount and on the terms set forth therein. Accordingly, the Clerk of Court
SHALL ENTER JUDGMENT in accordance with the terms of the parties’ stipulation.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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