VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_19-vv-01156
Package ID: USCOURTS-cofc-1_19-vv-01156
Petitioner: Nikola Zaturoski
Filed: 2019-08-09
Decided: 2021-08-17
Vaccine: influenza
Vaccination date: 2018-10-10
Condition: Shoulder Injury Related to Vaccine Administration (SIRVA)
Outcome: compensated
Award amount USD: 42000

AI-assisted case summary:
Nikola Zaturoski filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging he suffered a shoulder injury related to vaccine administration (SIRVA) caused by an influenza vaccine he received on October 10, 2018. Respondent denied that the injury was caused by the vaccine. The parties, however, filed a joint stipulation agreeing to settle the case. The stipulation stated that the flu vaccine is on the Vaccine Injury Table and that Mr. Zaturoski received the vaccine in the United States and experienced residual effects for more than six months. The stipulation also confirmed there had been no prior award or settlement for this condition. Chief Special Master Corcoran reviewed the stipulation and found it reasonable, adopting it as the decision awarding damages. Mr. Zaturoski was awarded a lump sum of $42,000.00 for pain and suffering and past lost earnings. This amount represents compensation for all items of damages available under Section 15(a) of the Vaccine Act. The decision directs the clerk of the court to enter judgment in accordance with this decision, unless a motion for review is filed.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_19-vv-01156-0
Date issued/filed: 2021-08-17
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 07/14/2021) regarding 40 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:19-vv-01156-UNJ Document 44 Filed 08/17/21 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 19-1156V
UNPUBLISHED
NIKOLA ZATUROSKI, Chief Special Master Corcoran
Petitioner, Filed: July 14, 2021
v.
Special Processing Unit (SPU); Joint
SECRETARY OF HEALTH AND Stipulation on Damages; Influenza
HUMAN SERVICES, (Flu) Vaccine; Shoulder Injury
Related to Vaccine Administration
Respondent. (SIRVA)
Phyllis Widman, Widman Law Firm, LLC, Northfield, NJ, for petitioner.
Sarah Christina Duncan, U.S. Department of Justice, Washington, DC, for respondent.
DECISION ON JOINT STIPULATION1
On December 17, 2018, Nikola Zaturoski filed a petition for compensation under
the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.2 (the
“Vaccine Act”). Petitioner alleges that he suffered a shoulder injury related to vaccine
administration (“SIRVA”) caused by an influenza (“flu”) vaccination administered on
October 10, 2018. Petition at 1; Stipulation, filed at July 14, 2021, ¶¶ 1-2. Petitioner further
alleges that the vaccine was administered within the United States, that he suffered the
residual effects of her alleged injury for more than six months, and that there has been
no prior award or settlement of a civil action for damages on his behalf as a result of his
condition. Petition at 1, 2; Stipulation at ¶¶ 3-5. “Respondent denies that Petitioner
sustained a SIRVA Table injury, denies that Petitioner’s alleged shoulder injury was
caused by the flu vaccine, and denies that the vaccine caused Petitioner any other injury
or his condition.” Stipulation at ¶ 6.
1 Because this unpublished decision contains a reasoned explanation for the action in this case, I am
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, I agree that the identified material fits within this definition, I will redact such material from
public access.
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).

Case 1:19-vv-01156-UNJ Document 44 Filed 08/17/21 Page 2 of 7
Nevertheless, on July 14, 2021, the parties filed the attached joint stipulation,
stating that a decision should be entered awarding compensation. I find the stipulation
reasonable and adopt it as my decision awarding damages, on the terms set forth therein.
Pursuant to the terms stated in the attached Stipulation, I award the following
compensation:
A lump sum of $42,000.00 in the form of a check payable to Petitioner for
pain and suffering and past lost earnings. Stipulation at ¶ 8. This amount
represents compensation for all items of damages that would be available under
Section 15(a). Id.
I approve the requested amount for Petitioner’s compensation. In the absence of
a motion for review filed pursuant to RCFC Appendix B, the clerk of the court is directed
to enter judgment in accordance with this decision.3
IT IS SO ORDERED.
s/Brian H. Corcoran
Brian H. Corcoran
Chief Special Master
3 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by the parties’ joint filing of notice
renouncing the right to seek review.
2

Case 1:19-vv-01156-UNJ Document 44 Filed 08/17/21 Page 3 of 7
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
)
NIKOLA ZAT UROSKI, )
)
Petitioner, )
) No. 19-l 156V
v. ) Chief Special Master Corcoran
) ECF
SECRETARY OF HEALT H AND HUMAN )
SERVICES, )
)
______R_esp_ond_en_t. _____ __)
)
STIPULATION
The parties hereby stipulate to the following matters:
1. Nikola Zaturoski, petitioner, filed a petition for vaccine compensation under the
National Vaccine Injury Compensation Program, 42 U.S.C. §§ 300aa-10 to -34 (the "Vaccine
Program"). The petition seeks compensation for injuries allegedly related to petitioner's receipt
of an influenza ("flu") vaccine, which vaccine is contained in the Vaccine Injury Table (the
"Table"), 42 C.F.R. § 100.3(a).
2. Petitioner received the flu vaccine in his left shoulder on October 10, 2018.
3. The vaccination was administered within the United States.
4. Petitioner alleges that he suffered a left Shoulder Injury Related to Vaccine
Administration ("SIRVA") within the time period set forth in the Table, and further alleges that
he experienced the residual effects of his injury for more than six months.
5. Petitioner represents that there has been no prior award or settlement of a civil action
for damages on his behalf as a result of his condition.
6. Respondent denies that petitioner sustained a SIRVA Table injury, denies that

Case 1:19-vv-01156-UNJ Document 44 Filed 08/17/21 Page 4 of 7
petitioner's alleged shoulder injury was caused-in-fact by the flu vaccine, and denies that the flu
vaccine caused petitioner any other injury or his current condition.
7. Maintaining their above-stated positions, the parties nevertheless now agree that the
issues between them shall be settled and that a decision should be entered awarding the
compensation described in paragraph 8 of this Stipulation.
8. As soon as practicable after an entry of judgment reflecting a decision consistent with
the terms of this Stipulation, and after petitioner has filed an election to receive compensation
pursuant to 42 U.S.C. § 300aa-21(a)(l), the Secretary of Health and Human Services will issue
the following vaccine compensation payment:
A lump sum of $42,000.00 for pain and suffering and past lost earnings 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).
9. As soon as practicable after the entry of judgment on entitlement in this case, and after
petitioner has filed both a proper and timely election to receive compensation pursuant to
42 U.S.C. § 300aa-21(a)(l), and an application, the parties will submit to further proceedings
before the special master to award reasonable attorneys' fees and costs incurred in proceeding
upon this petition.
10. Petitioner and his attorney represent that compensation to be provided pursuant to
this Stipulation is not for any items or services for which the Program is not primarily liable
under 42 U.S.C. § 300aa-15(g), to the extent that payment has been made or can reasonably be
expected to be made under any State compensation programs, insurance policies, Federal or
State health benefits programs (other than Title XIX of the Social Security Act (42 U.S.C.
§ 1396 et seq.)), or by entities that provide health services on a pre-paid basis.
2

Case 1:19-vv-01156-UNJ Document 44 Filed 08/17/21 Page 5 of 7
11. Payment made pursuant to paragraph 8 of this Stipulation and any amounts awarded
pursuant to paragraph 9 of this Stipulation will be made in accordance with 42 U.S.C. § 300aa-
15(i), subject to the availability of sufficient statutory funds.
12. The parties and their attorneys further agree and stipulate that, except for any award
for attorneys' fees and litigation costs, and past unreimbursed expenses, the money provided
pursuant to this Stipulation will be used solely for the benefit of petitioner as contemplated by a
strict construction of 42 U.S.C. § 300aa-l 5(a) and (d), and subject to the conditions of 42 U.S.C.
§ 300aa-l 5(g) and (h).
13. In return for the payments described in paragraphs 8 and 9, petitioner, in his
individual capacity, and on behalf of his heirs, executors, administrators, successors or assigns,
does forever irrevocably and unconditionally release, acquit and discharge the United States and
the Secretary of Health and Human Services from any and all actions or causes of action
(including agreements, judgments, claims, damages, loss of services, expenses and all demands
of whatever kind or nature) that have been brought, could have been brought, or could be timely
brought in the Court of Federal Claims, under the National Vaccine Injury Compensation
Program, 42 U.S.C. § 300aa-l O et seq., on account of, or in any way growing out of, any and all
known or unknown, suspected or unsuspected personal injuries to or death of petitioner resulting
from, or alleged to have resulted from, the flu vaccination administered on October 10, 2018, as
alleged by petitioner in a petition for vaccine compensation filed on or about August 9, 2019, in
the United States Court of Federal Claims as petition No. 19-1156V.
14. If petitioner should die prior to entry of judgment, this agreement shall be voidable
upon proper notice to the Court on behalf of either or both of the parties.
3

Case 1:19-vv-01156-UNJ Document 44 Filed 08/17/21 Page 6 of 7
15. If the special master fails to issue a decision in complete conformity with the tenns
of this Stipulation or if the Court of Federal Claims fails to enter judgment in conformity with a
decision that is in complete confonnity with the tenns of this Stipulation, then the parties'
settlement and this Stipulation shall be voidable at the sole discretion of either party.
16. This Stipulation expresses a full and complete negotiated settlement of liability and
damages claimed under the National Childhood Vaccine Injury Act of 1986, as amended, except
as otherwise noted in paragraph 9 above. There is absolutely no agreement on the part of the
parties hereto to make any payment or to do any act or thing other than is herein expressly stated
and clearly agreed to. The parties further agree and understand that the award described in this
Stipulation may reflect a compromise of the parties' respective positions as to liability and/or
amount of damages, and further, that a change in the nature of the injury or condition or in the
items of compensation sought, is not grounds to modify or revise this agreement.
17. This Stipulation shall not be construed as an admission by the United States or the
Secretary of Health and Human Services that the flu vaccine caused petitioner's alleged shoulder
injury or any other injury.
18. All rights and obligations of petitioner hereunder shall apply equally to petitioner's
heirs, executors, administrators, successors, and/or assigns.
END OF STIPULATION
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Case 1:19-vv-01156-UNJ Document 44 Filed 08/17/21 Page 7 of 7
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Respectfully submitted,
PETITIONER:
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A ITORNEY OF RECORD FOR AUTHORIZED RF.PRESENTATIVE
OF THE ATTORNEY GENERAL:
PETITIONER:
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WIDMAN HEATHER L. PEARLMAN
Widman Law Pinn LLC Deputy Director
2312 New Road, Ste. 103 Torts Branch
Northfield, NJ 08225 Civil Division
Tel: (732) 829-3416 U.S. Department of Justice
Email: pwidman@widmanlawfirm.com P.O. Box 146
Benjamin Franklin Station
Washington, DC 20044-0146
AUTHORIZED REPRESENTATIVE ATTORNEY OF RECORD FOR
OF THE SECRETARY OF HEALTH RESPONDENT:
AND HUMAN SERVICES:
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TAMARA OVERBY SARAH C. DUNCAN
Acting Director, Division oflnjury Trial Attorney
Compensation Programs Torts Branch
Healthcare Systems Bureau Civil Division
Health Resources and Services U.S. Department of Justice
Administration P.O. Box 146
U.S. Department of Health Benjamin Franklin Station
and Human Services Washington, DC 20044-0146
5600 Fishers Lane, 08N146B Tel: (202) 514-9729
Rockville, MD 20857 Email: sarah.c.duncan@usdoj.gov
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Dated:
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