VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-00213 Package ID: USCOURTS-cofc-1_21-vv-00213 Petitioner: Margaret Nalwoga Filed: 2021-01-07 Decided: 2023-07-11 Vaccine: influenza Vaccination date: 2018-11-02 Condition: shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 15000 AI-assisted case summary: Margaret Nalwoga filed a petition on January 7, 2021, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) from an influenza vaccination received on November 2, 2018. She also alleged her SIRVA symptoms persisted for more than six months. Respondent denied that Petitioner sustained a SIRVA Table injury, denied that the flu vaccine caused her alleged shoulder injury, and denied that the flu vaccine caused any other injury or her current condition. Despite these denials, the parties filed a joint stipulation on June 8, 2023, agreeing to an award of compensation. Chief Special Master Corcoran found the stipulation reasonable and adopted it as the decision awarding damages. Margaret Nalwoga was awarded a lump sum of $15,000.00, representing compensation for all items of damages available under Section 15(a) of the Vaccine Act. The case was resolved via a joint stipulation on damages, and the award was compensation for her SIRVA. Theory of causation field: Table Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_21-vv-00213-0 Date issued/filed: 2023-07-11 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 06/09/2023) regarding 34 DECISION Stipulation/Proffer ( Signed by Chief Special Master Brian H. Corcoran. )(mpj) Service on parties made. -------------------------------------------------------------------------------- Case 1:21-vv-00213-UNJ Document 38 Filed 07/11/23 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 21-0213V UNPUBLISHED MARGARET NALWOGA, Chief Special Master Corcoran Petitioner, Filed: June 9, 2023 v. Special Processing Unit (SPU); Joint SECRETARY OF HEALTH AND Stipulation on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) Maximillian J. Muller, Muller Brazil, LLP, Dresher, PA, for Petitioner. Michael Joseph Lang, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON JOINT STIPULATION1 On January 7, 2021, Margaret Nalwoga 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”) as a result of an influenza vaccination she received on November 2, 2018. Petition at 1; Stipulation, filed at June 8, 2023, ¶2, 4. Petitioner further alleges that she has suffered from her SIRVA symptoms for more than six months. Petition at ¶7; Stipulation at ¶4. Respondent denies “that Petitioner sustained a SIRVA Table injury; denies that the flu vaccine caused Petitioner’s alleged shoulder injury, and further denies that the flu vaccine caused Petitioner to suffer from any other injury or her current condition.” Stipulation at ¶6. Nevertheless, on June 8, 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 1:21-vv-00213-UNJ Document 38 Filed 07/11/23 Page 2 of 7 Pursuant to the terms stated in the attached Stipulation, I award the following compensation: A lump sum of $15,000.00 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 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 1:21-vv-00213-UNJ Document 38 Filed 07/11/23 Page 3 of 7 Case 1:21-vv-00213-UNJ Document 38 Filed 07/11/23 Page 4 of 7 Case 1:21-vv-00213-UNJ Document 38 Filed 07/11/23 Page 5 of 7 Case 1:21-vv-00213-UNJ Document 38 Filed 07/11/23 Page 6 of 7 Case 1:21-vv-00213-UNJ Document 38 Filed 07/11/23 Page 7 of 7