VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-01679 Package ID: USCOURTS-cofc-1_20-vv-01679 Petitioner: Elisabeth Preitauer Filed: 2020-11-24 Decided: 2023-05-04 Vaccine: influenza Vaccination date: 2019-09-29 Condition: right shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 48500 AI-assisted case summary: Elisabeth Preitauer filed a petition on November 24, 2020, seeking compensation under the National Vaccine Injury Compensation Program. She alleged that she received an influenza vaccine on September 29, 2019, and subsequently suffered a right shoulder injury related to vaccine administration (SIRVA), with residual effects lasting more than six months. The respondent denied that the petitioner sustained a SIRVA Table injury, that the vaccine caused her alleged right shoulder injury or any other injury, and that her current condition was a sequela of a vaccine-related injury. Despite the respondent's denials, on April 3, 2023, both parties filed a joint stipulation agreeing that compensation should be awarded. Chief Special Master Brian H. Corcoran reviewed the stipulation, found it reasonable, and adopted it as the court's decision. Pursuant to the stipulation, Elisabeth Preitauer was awarded a lump sum of $48,500.00, payable by check to the petitioner, as compensation for all items of damages available under Section 15(a). The decision was issued on May 4, 2023. Petitioner's counsel was Paul R. Brazil of Muller Brazil, LLP. Respondent's counsel was Alexa Roggenkamp of the U.S. Department of Justice. Theory of causation field: Petitioner Elisabeth Preitauer alleged a right shoulder injury related to vaccine administration (SIRVA) following an influenza vaccine on September 29, 2019, with residual effects lasting over six months. Respondent denied the SIRVA Table injury, causation, and sequela. The parties filed a joint stipulation on April 3, 2023, agreeing to an award. Chief Special Master Brian H. Corcoran adopted the stipulation, awarding $48,500.00 for all damages under Section 15(a). The public decision does not describe the specific mechanism of injury, medical experts, or detailed clinical findings. The theory of causation is based on the "Table" as indicated by the SIRVA Table injury allegation. The award was issued on May 4, 2023. Petitioner was represented by Paul R. Brazil, and Respondent by Alexa Roggenkamp. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_20-vv-01679-0 Date issued/filed: 2023-05-04 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 04/03/2023) regarding 33 DECISION Stipulation/Proffer, ( Signed by Chief Special Master Brian H. Corcoran. )(mpj) Service on parties made. -------------------------------------------------------------------------------- Case 1:20-vv-01679-UNJ Document 37 Filed 05/04/23 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 20-1679V UNPUBLISHED ELISABETH PREITAUER, Chief Special Master Corcoran Petitioner, Filed: April 3, 2023 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) Paul R. Brazil, Muller Brazil, LLP, Dresher, PA, for Petitioner. Alexa Roggenkamp, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON JOINT STIPULATION1 On November 24, 2020, Elisabeth Preitauer 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 right shoulder injury related to vaccine administration (“SIRVA”) as a result of an influenza (“flu”) vaccine she received on September 29, 2019. Petition at 1; Stipulation, filed at April 3, 2023, ¶¶ 1-4. Petitioner further alleges that she experienced the residual effects of this injury for more than six months. Petition at 2; Stipulation at ¶4. Respondent denies “that petitioner sustained a SIRVA Table injury; denies that the vaccine caused petitioner’s alleged right shoulder injury or any other injury, and denies that her current condition is a sequela of a vaccine- related injury.” Stipulation at ¶ 6. Nevertheless, on April 3, 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 my decision awarding damages, on the terms set forth therein. 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 section references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. § 300aa (2012). Case 1:20-vv-01679-UNJ Document 37 Filed 05/04/23 Page 2 of 7 Pursuant to the terms stated in the attached Stipulation, I award the following compensation: A lump sum of $48,500.00, 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 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 1:20-vv-01679-UNJ Document 37 Filed 05/04/23 Page 3 of 7 Case 1:20-vv-01679-UNJ Document 37 Filed 05/04/23 Page 4 of 7 Case 1:20-vv-01679-UNJ Document 37 Filed 05/04/23 Page 5 of 7 Case 1:20-vv-01679-UNJ Document 37 Filed 05/04/23 Page 6 of 7 Case 1:20-vv-01679-UNJ Document 37 Filed 05/04/23 Page 7 of 7