VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-00140
Package ID: USCOURTS-cofc-1_20-vv-00140
Petitioner: Carol Joan Gonzales
Filed: 2020-02-10
Decided: 2023-01-05
Vaccine: influenza
Vaccination date: 2017-10-12
Condition: brachial neuritis; hand injuries; finger paralysis
Outcome: compensated
Award amount USD: 45000

AI-assisted case summary:
Carol Joan Gonzales filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that the influenza vaccine she received on October 12, 2017, caused her to suffer from hand injuries and finger paralysis. Her petition was later amended to include brachial neuritis as a condition. Although Respondent denied that the flu vaccine caused Petitioner's alleged injuries, the parties reached a stipulation for an award. The stipulation stated that Petitioner would receive a lump sum of $45,000.00 as compensation for all damages available under the program. The Special Master found the stipulation reasonable and adopted it as the decision of the Court, ordering that judgment be entered in accordance with the terms of the stipulation. The case was resolved via stipulation, with the specific theory of causation not being contested or detailed in this decision.

Theory of causation field:
unclear

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_20-vv-00140-0
Date issued/filed: 2023-01-05
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 11/30/2022) regarding 35 DECISION Stipulation/Proffer. Signed by Special Master Herbrina Sanders. (rig) Service on parties made.
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Case 1:20-vv-00140-UNJ Document 39 Filed 01/05/23 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
Filed: November 30, 2022
* * * * * * * * * * * * * * * * * * * * * * * * *
CAROL JOAN GONZALES, * No. 20-140V
*
Petitioner, * Special Master Sanders
v. *
*
SECRETARY OF HEALTH * Stipulation for Award; Influenza
AND HUMAN SERVICES, * (“Flu”) Vaccine; Brachial Neuritis;
* Hand Injury; Finger Paralysis
Respondent. *
* * * * * * * * * * * * * * * * * * * * * * * * *
Michael S. Kolker, Otorowski Morrow & Golden, PLLC, Bainbridge Island, WA, for Petitioner.
Matthew Murphy, United States Department of Justice, Washington, DC, for Respondent.
DECISION1
On February 10, 2020, Carol Joan Gonzales (“Petitioner”) filed a petition for compensation
pursuant to the National Vaccine Injury Compensation Program.2 42 U.S.C. §§ 300aa-10 to -34
(2012). Petitioner alleged that the influenza (“flu”) vaccine she received on October 12, 2017,
caused her to suffer from “injuries[] including hand injuries and finger paralysis[.]”3 Pet. at 1, ECF
No. 1. Petitioner further alleged in her amended petition that her injury lasted for more than six
months. Am. Pet. at 10, ECF No. 19.
On November 1, 2022, the parties filed a stipulation in which they state that a decision
should be entered awarding compensation to Petitioner. Stipulation ¶ 7, ECF No. 34. Respondent
“denies that the flu vaccine caused [P]etitioner’s alleged hand injury, finger paralysis, brachial
neuritis, or any other injury; and denies that her current condition is a sequelae [sic] of a vaccine-
related injury.” Id. ¶ 6. Nevertheless, the parties agree to the joint stipulation, attached hereto as
Appendix A. See id. ¶ 7. I find the stipulation reasonable and adopt it as the decision of the Court
in awarding damages, on the terms set forth therein.
1 This Decision shall be posted on the website of the United States Court of Federal Claims, in accordance
with the E-Government Act of 2002, Pub. L. No. 107-347, § 205, 116 Stat. 2899, 2913 (codified as
amended at 44 U.S.C. § 3501 note (2012)). This means the Decision will be available to anyone with
access to the Internet. As provided by Vaccine Rule 18(b), each party has 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).
2 National Childhood Vaccine Injury Act of 1986, Pub L. No. 99-660, 100 Stat. 3755.
3 Petitioner’s expert later opined in an expert report that Petitioner “highly likely . . . suffered a bout of
acute brachial neuritis triggered by” her flu vaccination. ECF No. 29-1 at 2.

Case 1:20-vv-00140-UNJ Document 39 Filed 01/05/23 Page 2 of 7
The parties stipulate that Petitioner shall receive the following compensation:
A lump sum of $45,000.00 in the form of a check payable to [P]etitioner. This
amount represents compensation for all damages that would be available
under 42 U.S.C. § 300aa-15(a).
Id. ¶ 8.
I approve the requested amount for Petitioner’s compensation. Accordingly, an award
should be made consistent with the stipulation.
In the absence of a motion for review filed pursuant to RCFC Appendix B, the Clerk of
Court SHALL ENTER JUDGMENT in accordance with the terms of the parties’ stipulation.4
IT IS SO ORDERED.
s/Herbrina D. Sanders
Herbrina D. Sanders
Special Master
4 Pursuant to Vaccine Rule 11(a), entry of judgment is expedited by the parties’ joint filing of notice
renouncing the right to seek review.
2

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