VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-00022
Package ID: USCOURTS-cofc-1_20-vv-00022
Petitioner: Erica Stastny
Filed: 2020-01-02
Decided: 2025-02-18
Vaccine: influenza
Vaccination date: 2018-10-05
Condition: right shoulder abscess
Outcome: compensated
Award amount USD: 10000

AI-assisted case summary:
Erica Stastny filed a petition on January 2, 2020, alleging that an influenza vaccine received on October 5, 2018, caused adverse effects, specifically a right shoulder abscess. Ms. Stastny contended that the vaccine was administered by a Kentucky mobile vaccination entity that exercised inadequate safety controls, leading to similar injuries in other individuals. This case was one of several related petitions handled together, with entitlement decided in a test case, Silvers v. Secretary of Health and Human Services. The respondent elected not to defend the case and requested a ruling on the record, acknowledging the findings in the test case. Chief Special Master Brian H. Corcoran issued a Ruling on Entitlement on November 20, 2024, finding Ms. Stastny entitled to compensation, applying the same reasoning as in the Silvers decision. Subsequently, the parties submitted a proffer for damages. On January 13, 2025, Chief Special Master Corcoran issued a Decision Awarding Damages, adopting the respondent's proffer. Ms. Stastny was awarded $10,000.00 as a lump sum payment for pain and suffering, representing all elements of compensation to which she is entitled under the Vaccine Act. The award was to be made in the form of a check payable to Ms. Stastny. Petitioner counsel was Tim Rutherford McCarthy of Nutt Law Office, and respondent counsel was James Vincent Lopez of the U.S. Department of Justice.

Theory of causation field:
Petitioner Erica Stastny alleged that an influenza vaccine administered on October 5, 2018, caused a right shoulder abscess. The theory of causation was based on the vaccine being administered by an entity with inadequate safety controls, leading to comparable abscess injuries in other individuals. This case was resolved based on the entitlement ruling in a test case, Silvers v. Secretary of Health and Human Services, which found that the influenza vaccine administration caused a right shoulder skin abscess associated with a bacterial infection. The respondent elected not to defend this case and requested a ruling on the record. Chief Special Master Brian H. Corcoran ruled in favor of the petitioner on entitlement and subsequently adopted the respondent's proffer for damages. The award was $10,000.00 for pain and suffering, paid as a lump sum to the petitioner. Petitioner counsel was Tim Rutherford McCarthy, and respondent counsel was James Vincent Lopez. The decision date for entitlement was November 20, 2024, and the decision date for damages was January 13, 2025.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_20-vv-00022-0
Date issued/filed: 2025-01-08
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 11/20/2024) regarding 32 Ruling on Entitlement. Signed by Chief Special Master Brian H. Corcoran. (af) Service on parties made.
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Case 1:20-vv-00022-UNJ Document 34 Filed 01/08/25 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-22V
* * * * * * * * * * * * * * * * * * * * * * * * *
*
ERICA STASTNY, * Chief Special Master Corcoran
*
Petitioner, * Filed: November 20, 2024
*
*
v. *
*
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * *
Tim Rutherford McCarthy, Nutt Law Office, Louisville, KY, for Petitioner.
James Vincent Lopez, U.S. Dep’t of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On January 2, 2020, Erica Stastny (“Petitioner”) filed a petition for compensation under
the National Childhood Vaccine Injury Act of 1986, as amended, 42 U.S.C. §§ 300aa-10 et seq.
(Vaccine Act). Petitioner alleges that an influenza vaccine she received on October 5, 2018, caused
“adverse effects,” including a right shoulder abscess. See generally Petition. In particular,
Petitioner contends that the vaccine she received was administered by a Kentucky mobile
vaccination entity that was later determined to have exercised inadequate safety control over its
vaccines, resulting in numerous vaccinated individuals experiencing comparable abscess injuries.
This matter was initiated at the same time as a number of related petitions brought by
similarly-situated claimants and represented by the afore-referenced attorney.2 The parties
1 "Under Vaccine Rule 18(b), each party has fourteen (14) days within which to request 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). Otherwise, the whole Decision will be available to the public
in its present form. Id."
2 See generally Silvers v. Secretary of Health and Human Services (No. 20-1V), Stewart v. Health and Human Services
(No. 20-19V), Williams v. Secretary of Health and Human Services (No. 20-1048V), Atkins v. Secretary of Health
and Human Services (No. 20-333V), and Williams v. Secretary of Health and Human Services (No. 20-1120V).

Case 1:20-vv-00022-UNJ Document 34 Filed 01/08/25 Page 2 of 2
consented to resolution of entitlement in one “test case,” the results of which could then be applied
to the related cases. On April 25, 2024, I ruled in favor of the Silvers petitioner, finding that the
administration of the influenza vaccine had caused him to experience a right shoulder skin abscess
associated with a bacterial infection. See Silvers v. Sec'y of Health & Hum. Servs., No. 20-1V,
2024 WL 2799285 (Fed. Cl. Spec. Mstr. Apr. 25, 2024).
On October 29, 2024, Respondent filed a Rule 4(c) Report in this action. See Respondent’s
Report (ECF No. 31) (“Report”). Having reviewed the evidence in this case and the Silvers
decision, Respondent elected not to defend the case, and requested a ruling on the record. Report
at 1-2.
In view of Respondent’s position, and based on my own review of the record (see Section
13(a)(1); 42 C.F.R. § 100.3 (a)(I)), I find that Petitioner is entitled to compensation. The same
reasoning set forth in Silvers for why compensation was appropriate therein also applies to this
claim.
On or before January 10, 2025, parties shall file a proffer or a joint status report detailing
their status in resolving damages in this matter.
Any questions may be directed to my law clerk, Alexis Franks, at
alexisfranks@cfc.uscourts.gov.
IT IS SO ORDERED.
/s/ Brian H. Corcoran
Brian H. Corcoran
Chief Special Master
2

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DOCUMENT 2: USCOURTS-cofc-1_20-vv-00022-1
Date issued/filed: 2025-02-18
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 01/13/2025) regarding 35 DECISION Stipulation/Proffer. Signed by Chief Special Master Brian H. Corcoran. (af) Service on parties made.
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Case 1:20-vv-00022-UNJ Document 36 Filed 02/18/25 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-22-V
* * * * * * * * * * * * * * * * * * * * * * * * *
*
ERICA STASTNY, * Chief Special Master Corcoran
*
Petitioner, * Filed: January 13, 2025
*
*
v. *
*
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * *
Tim Rutherford McCarthy, Nutt Law Office, Louisville, KY, for Petitioner.
James Vincent Lopez, U.S. Dep’t of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On January 2, 2020, Erica Stastny filed a petition for compensation under the National
Childhood Vaccine Injury Act of 1986, as amended, 42 U.S.C. §§ 300aa-10 et seq. (the “Vaccine
Program”). Petitioner alleges that an influenza vaccine she received on October 5, 2018, caused
“adverse effects,” including a right shoulder abscess. See generally Petition. In particular,
Petitioner contends that the vaccine she received was administered by a Kentucky mobile
vaccination entity that was later determined to have exercised inadequate safety control over its
vaccines, resulting in numerous vaccinated individuals experiencing comparable abscess injuries.
This matter was initiated at the same time as a number of related petitions brought by
similarly-situated claimants and represented by the same attorney.2 The parties consented to
1 Under Vaccine Rule 18(b), each party has fourteen (14) days within which to request 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). Otherwise, the whole Decision will be available to the public
in its present form. Id.
2 See generally Silvers v. Secretary of Health and Human Services (No. 20-1V), Stewart v. Health and Human Services
(No. 20-19V), Williams v. Secretary of Health and Human Services (No. 20-1048V), Atkins v. Secretary of Health
and Human Services (No. 20-333V), and Williams v. Secretary of Health and Human Services (No. 20-1120V).

Case 1:20-vv-00022-UNJ Document 36 Filed 02/18/25 Page 2 of 5
resolution of entitlement in one “test case,” the results of which could then be applied to the related
cases. In April 2024, I ruled in favor of the test case petitioner, finding that the administration of
the influenza vaccine had caused him to experience a right shoulder skin abscess associated with
a bacterial infection. See generally Silvers v. Sec'y of Health & Hum. Servs., No. 20-1V, 2024 WL
2799285 (Fed. Cl. Spec. Mstr. Apr. 25, 2024).
On October 29, 2024, Respondent filed a Rule 4(c) Report in this action. See Respondent’s
Report (ECF No. 31) (“Report”). Having reviewed the evidence in this case and taking into account
the Silvers decision, Respondent elected not to defend the case, requesting instead a ruling on the
record. Report at 1-2. In view of Respondent’s position, and after my own review of the record, I
found Petitioner was entitled to an award of damages. See Atkins v. Sec'y of Health & Hum. Servs.,
No. 20-333V, 2024 WL 5297983 (Fed. Cl. Spec. Mstr. Nov. 20, 2024).
On January 7, 2025, Respondent filed a proffer proposing an award of compensation.
Proffer (ECF No. 33) (“Proffer”). I have reviewed the filing and based upon that review, I conclude
that Respondent’s proffer (as attached hereto) is reasonable. I therefore adopt it as my Decision in
awarding damages on the terms set forth therein.
The Proffer awards:
• A lump sum payment of $10,000.00, representing compensation for pain and suffering,
in the form of a check payable to Petitioner.
Proffer at 1. This amount represents all elements of compensation to which Petitioner is entitled
under 42 U.S.C. § 300aa-15(a). Id. at 2.
I approve a Vaccine Program award in the requested amount set forth above to be made to
Petitioner. In the absence of a motion for review filed pursuant to RCFC Appendix B, the Clerk of
the Court is directed to enter judgment herewith.3
IT IS SO ORDERED.
/s/ Brian H. Corcoran
Brian H. Corcoran
Chief Special Master
3 Pursuant to Vaccine Rule 11(a), the parties may expedite entry of judgment by each filing (either jointly or separately)
a notice renouncing their right to seek review.
2

Case 1:20-vv-00022-UNJ Document 36 Filed 02/18/25 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
___________________________________
)
ERICA STASTNY, )
)
Petitioner, )
) No. 20-22V
v. ) Chief Special Master Brian H. Corcoran
) ECF
SECRETARY OF HEALTH AND )
HUMAN SERVICES, )
)
Respondent. )
____________________________________)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On January 2, 2020, Erica Stastny (“petitioner”) filed a petition for compensation under
the National Childhood Vaccine Injury Act of 1986, as amended (“the Vaccine Act” or “the
Act”), 42 U.S.C. §§ 300aa-1 to -34, alleging an influenza (“flu”) vaccination she received on
October 5, 2018, caused “adverse effects,” including a right shoulder abscess. See Petition
(“Pet.”) at 1; Petitioner’s Exhibit 11 at 1-2. On October 29, 2024, the Secretary of Health and
Human Services (“respondent”) filed a Rule 4(c) Report electing not to defend and requesting a
ruling on the record regarding petitioner’s entitlement to compensation. ECF No. 31. On
November 20, 2024, the Chief Special Master issued a Ruling on Entitlement, finding that
petitioner was entitled to vaccine compensation. ECF No. 32.
I. Items of Compensation
A. Pain and Suffering
Respondent proffers that petitioner should be awarded $10,000.00 in pain and suffering.
See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees.

Case 1:20-vv-00022-UNJ Document 36 Filed 02/18/25 Page 4 of 5
This amount represents all elements of compensation to which petitioner is entitled under
42 U.S.C. § 300aa-15(a). Petitioner agrees.
II. Form of the Award
Petitioner is a competent adult. Evidence of guardianship is not required in this case.
Respondent recommends that the compensation provided to petitioner should be made through a
lump sum payment as described below and requests that the Chief Special Master’s decision and
the Court’s judgment award the following1: a lump sum payment of $10,000.00, in the form of a
check payable to petitioner.
III. Summary of Recommended Payments Following Judgment
Lump sum payable to petitioner, Erica Stastny: $10,000.00
Respectfully submitted,
BRIAN M. BOYNTON
Principal Deputy Assistant Attorney General
C.SALVATORE D’ALESSIO
Director
Torts Branch, Civil Division
HEATHER L. PEARLMAN
Deputy Director
Torts Branch, Civil Division
VORIS E. JOHNSON
Assistant Director
Torts Branch, Civil Division
1 Should petitioner die prior to entry of judgment, the parties reserve the right to move the Court
for appropriate relief. In particular, respondent would oppose any award for future lost earnings
and future pain and suffering.
2

Case 1:20-vv-00022-UNJ Document 36 Filed 02/18/25 Page 5 of 5
/s James V. Lopez
James V. Lopez
Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146, Ben Franklin Station
Washington, D.C. 20044-0146
Tel: (202) 616-3655
Fax: (202) 616-4310
Email: james.lopez@usdoj.gov
Date: January 7, 2025
3