VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-00463 Package ID: USCOURTS-cofc-1_21-vv-00463 Petitioner: Nicolas Stabler Filed: 2021-01-11 Decided: 2024-02-13 Vaccine: influenza Vaccination date: 2020-09-26 Condition: radial nerve and axillary nerve damage Outcome: compensated Award amount USD: 52500 AI-assisted case summary: Nicolas Stabler filed a petition for compensation under the National Vaccine Injury Compensation Program on January 11, 2021. He alleged that he suffered radial nerve and axillary nerve damage as a result of an influenza vaccine he received on September 26, 2020. Mr. Stabler claimed this was a Table injury and that he experienced residual effects for more than six months. The respondent, the Secretary of Health and Human Services, denied that Mr. Stabler sustained a shoulder injury as defined in the Vaccine Injury Table, denied that the vaccine caused his alleged nerve injury or any other injury, and denied that his current condition was a sequelae of a vaccine-related injury. Despite these denials, the parties filed a joint stipulation on January 9, 2024, agreeing that a decision should be entered awarding compensation. Chief Special Master Brian H. Corcoran reviewed the stipulation and found it reasonable, adopting it as his decision. Pursuant to the stipulation, Mr. Stabler was awarded a lump sum of $52,500.00, payable by check to Petitioner. This amount represents compensation for all items of damages available under Section 15(a) of the Vaccine Act. The decision does not describe the specific onset of symptoms, diagnostic tests, treatments, or the medical experts consulted by either party. Petitioner was represented by Lawrence R. Cohan of Saltz Mongeluzzi & Bendesky, and Respondent was represented by Julia Marter Collison of the U.S. Department of Justice. Theory of causation field: Petitioner Nicolas Stabler alleged a Table injury of radial nerve and axillary nerve damage resulting from an influenza vaccine received on September 26, 2020. Petitioner claimed residual effects for more than six months. Respondent denied causation and that the condition was a vaccine-related injury. The parties filed a joint stipulation agreeing to a settlement. Chief Special Master Brian H. Corcoran adopted the stipulation, awarding Petitioner a lump sum of $52,500.00 for all damages under 42 U.S.C. § 300aa-15(a). The public decision does not detail the specific mechanism of injury, expert testimony, or the clinical progression of the alleged condition. Petitioner was represented by Lawrence R. Cohan, and Respondent by Julia Marter Collison. The decision date was February 13, 2024. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_21-vv-00463-0 Date issued/filed: 2024-02-13 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 01/09/2024) regarding 50 DECISION Stipulation/Proffer, ( Signed by Chief Special Master Brian H. Corcoran. )(mpj) Service on parties made. -------------------------------------------------------------------------------- Case 1:21-vv-00463-UNJ Document 51 Filed 02/13/24 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 21-463V NICOLAS STABLER, Chief Special Master Corcoran Petitioner, Filed: January 9, 2024 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Lawrence R. Cohan, Saltz Mongeluzzi & Bendesky, Philadelphia, PA, for Petitioner. Julia Marter Collison, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON JOINT STIPULATION1 On January 11, 2021, Nicolas Stabler 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 he suffered radial nerve and axillary nerve damage, a Table injury, resulting from an influenza (“flu”) vaccine he received on September 26, 2020. Pet. at 1, ECF No. 1. Petitioner further alleges that the vaccine was administered in the United States, he experienced the residual effects of his condition for more than six months, and there has been no prior award or settlement of a civil action for damages on Petitioner’s behalf as a result of his condition. Id. at 2. Respondent denies “that [P]etitioner sustained a shoulder injury as defined in the Vaccine Injury Table; denies that the vaccine caused [P]etitioner’s alleged nerve injury, or any other injury; and denies that his current condition is a sequelae of a vaccine-related injury.” Stipulation at 1, ECF No. 49. 1 Because this Decision 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 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 (2018). Case 1:21-vv-00463-UNJ Document 51 Filed 02/13/24 Page 2 of 7 Nevertheless, on January 9, 2024, 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. Pursuant to the terms stated in the attached Stipulation, I award the following compensation: A lump sum of $52,500.00 in the form of a check payable to Petitioner. Stipulation at 2. 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-00463-UNJ Document 51 Filed 02/13/24 Page 3 of 7 IN THE UNITED STATE.5 COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS NICOLAS STABLER, Petitioner, No. 21-463V v. Chief Special Master Corcoran SPU SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. STIPULATION The parties hereby stipulate 10 the following matters: I. Nicolas Stabler ("petitioner") filed a petition for vaccine compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. § 300aa-10 co 34 (the "Vaccine Program"). The petition seeks compensation for an injury allegedly related to petitioner's receipt of an influenza ("flu'') vaccine. which is contained in the Vaccine Injury Table (the "Table"), 42 C.F.R. § I00.3(a). 2. On September 26, 2020, petitioner received a flu vaccine. 3. The vaccine was administere