VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_19-vv-01949
Package ID: USCOURTS-cofc-1_19-vv-01949
Petitioner: Sherri Staveski
Filed: 2019-12-23
Decided: 2023-07-05
Vaccine: influenza
Vaccination date: 2017-12-29
Condition: optic neuritis
Outcome: compensated
Award amount USD: 90000

AI-assisted case summary:
Sherri Staveski filed a petition for compensation under the National Vaccine Injury Compensation Program on December 23, 2019. She alleged that she suffered optic neuritis, which was caused or significantly aggravated by an influenza vaccine she received on December 29, 2017. Ms. Staveski further alleged that she experienced residual effects from the condition for more than six months. The respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused or significantly aggravated petitioner's optic neuritis and alleged residual effects, or any other injury. Despite these opposing positions, the parties reached a joint stipulation to settle the case. Special Master Daniel T. Horner reviewed the stipulation and found it reasonable, adopting it as the decision of the Court. Pursuant to the stipulation, Ms. Staveski was awarded a lump sum of $90,000.00, payable to her, as compensation for all damages available under the program. This award represents a negotiated settlement of liability and damages. The decision was issued on July 5, 2023. Petitioner was represented by Mark T. Sadaka of Sadaka Associates LLC, and respondent was represented by Voris E. Johnson, Jr. of the U.S. Department of Justice. The public decision does not describe the specific onset of symptoms, diagnostic tests, treatments, or expert witnesses involved in this case.

Theory of causation field:
Petitioner Sherri Staveski alleged that an influenza vaccine administered on December 29, 2017, caused or significantly aggravated her optic neuritis, with residual effects lasting more than six months. The respondent denied causation. The case was resolved via joint stipulation, with Special Master Daniel T. Horner adopting the stipulation as the decision of the Court. The stipulation stated that the parties maintained their positions but agreed to settle. Petitioner was awarded $90,000.00 as compensation for all damages under 42 U.S.C. § 300aa-15(a). The theory of causation was based on the Vaccine Injury Table (Table), as indicated by the stipulation referencing 42 C.F.R. §100.3(a). The public decision does not detail the specific mechanism of injury, expert testimony, or clinical findings. Attorneys for petitioner were Mark T. Sadaka and for respondent was Voris E. Johnson, Jr. The decision date was July 5, 2023.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_19-vv-01949-0
Date issued/filed: 2023-07-05
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 6/9/2023) regarding 71 DECISION Stipulation/Proffer. Signed by Special Master Daniel T. Horner. (ksb) Service on parties made.
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Case 1:19-vv-01949-UNJ Document 78 Filed 07/05/23 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 19-1949V
Filed: June 9, 2023
UNPUBLISHED
SHERRI STAVESKI,
Petitioner,
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Mark T. Sadaka, Sadaka Associates LLC, Englewood, NJ, for petitioner.
Voris E. Johnson, Jr., U.S. Department of Justice, Washington, DC, for respondent.
DECISION ON JOINT STIPULATION1
On December 23, 2019, petitioner, Sherri Staveski, 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 alleged that she suffered optic
neuritis, which was either caused or significantly aggravated by administration of an
influenza vaccine on December 29, 2017. Petition at 1; Stipulation, filed June 9, 2023,
at ¶ 4. Petitioner further alleged that she has experienced the residual effects of her
condition for more than six months, that there has been no prior award or settlement of
a civil action for damages as a result of her condition, and that her vaccine was
administered in the United States. Petition at 3; Stipulation at ¶¶ 3-5. “Respondent
denies that the flu vaccine caused or significantly aggravated petitioner’s optic neuritis
and alleged residual effects, or any other injury. ” Stipulation at ¶ 6.
1 Because this document contains a reasoned explanation for the action taken in this case, it must be
made publicly accessible and will be posted on the United States Court of Federal Claims' website, and/or
at https://www.govinfo.gov/app/collection/uscourts/national/cofc, in accordance with the E-Government
Act of 2002. 44 U.S.C. § 3501 note (2018) (Federal Management and Promotion of Electronic
Government Services). This means the document 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-01949-UNJ Document 78 Filed 07/05/23 Page 2 of 7
Nevertheless, on June 9, 2023, 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 the decision of the Court in 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 $90,000.00 in the form of a check payable to petitioner.
Stipulation at ¶ 8. This amount represents compensation for all damages that
would be available under § 15(a). Id.
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/Daniel T. Horner
Daniel T. Horner
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.
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Case 1:19-vv-01949-UNJ Document 78 Filed 07/05/23 Page 3 of 7
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
__________________________________________
)
SHERRI STAVESKI, )
)
Petitioner, )
) No. 19-1949V (ECF)
v. ) Special Master Horner
)
SECRETARY OF HEALTH )
AND HUMAN SERVICES, )
)
Respondent. )
__________________________________________)
STIPULATION
The parties hereby stipulate to the following matters:
1. Sherri Staveski (“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 sustained following
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 on December 29, 2017.
3. The vaccine was administered within the United States.
4. Petitioner alleges that she subsequently suffered the injury optic neuritis, which
petitioner alleges was caused-in-fact or significantly aggravated by the flu vaccine. Petitioner
further alleges that she experienced the residual effects of her injury for more than six months.
5. Petitioner represents that there has been no prior award or settlement of a civil
action for damages as a result of her condition.
6. Respondent denies that the flu vaccine caused or significantly aggravated

Case 1:19-vv-01949-UNJ Document 78 Filed 07/05/23 Page 4 of 7
petitioner’s optic neuritis and alleged residual effects, or any other injury.
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)(1), the Secretary of Health and Human
Services will issue the following vaccine compensation payment:
A lump sum of $90,000.00 in the form of a check payable to petitioner,
Sherri Staveski, which 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)(1), 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 her 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.
11. Payment made pursuant to paragraph 8 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
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Case 1:19-vv-01949-UNJ Document 78 Filed 07/05/23 Page 5 of 7
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-15(a) and (d), and subject to the
conditions of 42 U.S.C. § 300aa-15(g) and (h).
13. In return for the payments described in paragraphs 8 and 9, petitioner, in her
individual capacity, and on behalf of her heirs, executors, administrators, successors or assigns,
does forever irrevocably and unconditionally release, acquit and discharge the Secretary of
Health and Human Services and the United States of America 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-10 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 vaccine administered on
December 29, 2017, as alleged by petitioner in a petition for vaccine compensation filed on or
about December 23, 2019, in the United States Court of Federal Claims as petition No. 19-
1949V.
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.
15. If the special master fails to issue a decision in complete conformity with the
terms of this Stipulation, or if the Court of Federal Claims fails to enter judgment in conformity
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with a decision that is in complete conformity with the terms 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 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 of
America or the Secretary of Health and Human Services that petitioner’s optic neuritis and
residual effects, or any other injury, were caused or significantly aggravated by the flu vaccine.
18. All rights and obligations of petitioner hereunder shall apply equally to
petitioner’s heirs, successors and/or assigns.
END OF STIPULATION
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