VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_19-vv-01787 Package ID: USCOURTS-cofc-1_19-vv-01787 Petitioner: Julie Schottler Filed: 2021-06-22 Decided: 2021-07-28 Vaccine: influenza Vaccination date: 2016-11-23 Condition: shoulder injury related to vaccine administration (SIRVA) and/or brachial neuritis/plexitis Outcome: compensated Award amount USD: 80000 AI-assisted case summary: Julie Schottler filed a petition for compensation under the National Vaccine Injury Compensation Program on June 22, 2021. She alleged that she suffered a shoulder injury related to vaccine administration (SIRVA) and/or brachial neuritis/plexitis as a result of an influenza vaccination she received on November 23, 2016. Ms. Schottler stated that the vaccination was administered in the United States, she experienced residual effects for more than six months, and had no prior award or settlement for her condition. Respondent denied that Ms. Schottler sustained a Table SIRVA injury and denied that the flu vaccine caused her alleged brachial neuritis/plexitis or any other condition. Despite the denials, the parties filed a joint stipulation on June 22, 2021, agreeing that compensation should be awarded. The court found the stipulation reasonable and adopted it as its decision. Ms. Schottler was awarded a lump sum of $80,000.00, which represents compensation for all items of damages available under Section 15(a) of the Vaccine Act. Theory of causation field: unclear Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_19-vv-01787-0 Date issued/filed: 2021-07-28 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 06/22/2021) regarding 30 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made. (Main Document 34 replaced on 8/3/2021 to attach corrected PDF) (ypb). -------------------------------------------------------------------------------- Case 1:19-vv-01787-UNJ Document 34 Filed 07/28/21 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 19-1787V UNPUBLISHED JULIE SCHOTTLER, Chief Special Master Corcoran Petitioner, Filed: June 22, 2021 v. Special Processing Unit (SPU); Joint SECRETARY OF HEALTH AND Stipulation on Damages; Influenza HUMAN SERVICES, (Flu) Vaccine; Brachial Neuritis/ Plexitis/ Shoulder Injury Related to Respondent. Vaccine Administration (SIRVA) David John Carney, Green & Schafle LLC, Philadelphia, PA, for petitioner. James Vincent Lopez, U.S. Department of Justice, Washington, DC, for respondent. DECISION ON JOINT STIPULATION1 On November 21, 2019, Julie Schottler 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 she suffered a shoulder injury related to vaccine administration (SIRVA) and/or brachial neuritis/plexitis as a result of the influenza (flu) vaccination she received on November 23, 2016. Petition at 1; Stipulation, filed at June 22, 2021, ¶¶ 1, 4. Petitioner further alleges the vaccination was administered in the United States, she experienced the residual effects of this condition for more than six months, and that there has been no prior award or settlement of a civil action for damages on her behalf as a result of her condition. Petition at 5-6; Stipulation at ¶¶ 3-5. “Respondent denies that [P]etitioner sustained a Table SIRVA injury, and further denies that the flu vaccine caused [P]etitioner’s alleged brachial neuritis/plexitis, or any other injury or condition, or her current 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-01787-UNJ Document 34 Filed 07/28/21 Page 2 of 7 Nevertheless, on June 22, 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 $80,000.00 in the form of a check payable to Petitioner. 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-01787-UNJ Document 34 Filed 07/28/21 Page 3 of 7 Case 1:19-vv-01787-UNJ Document 34 Filed 07/28/21 Page 4 of 7 Case 1:19-vv-01787-UNJ Document 34 Filed 07/28/21 Page 5 of 7 Case 1:19-vv-01787-UNJ Document 34 Filed 07/28/21 Page 6 of 7 Case 1:19-vv-01787-UNJ Document 34 Filed 07/28/21 Page 7 of 7