VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-00964
Package ID: USCOURTS-cofc-1_21-vv-00964
Petitioner: Nancy Stolze
Filed: 2021-02-19
Decided: 2024-04-03
Vaccine: influenza
Vaccination date: 2020-11-09
Condition: Shoulder Injury Related to Vaccine Administration (SIRVA)
Outcome: compensated
Award amount USD: 51347

AI-assisted case summary:
Nancy Stolze filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging she suffered a Shoulder Injury Related to Vaccine Administration (SIRVA) following an influenza vaccine administered on November 9, 2020. She stated the vaccine was administered in the United States, that her injury resulted in residual effects for more than six months, and that she had not filed any prior civil action. Respondent conceded that Petitioner met the criteria for a SIRVA under the Vaccine Injury Table, noting she had no prior history of shoulder issues, her pain and reduced range of motion occurred within 48 hours of vaccination, her symptoms were limited to the vaccinated shoulder, and no other condition explained her symptoms. The Respondent also agreed that the six-month sequela requirement was satisfied. Based on the Respondent's concession and the evidence, the court found Petitioner entitled to compensation. Subsequently, the parties could not informally resolve the issue of damages. Petitioner sought $60,000.00 for pain and suffering, while Respondent recommended $45,000.00. After a hearing, the court awarded Nancy Stolze a total of $51,347.92, comprising $49,000.00 for actual pain and suffering and $2,347.92 for actual unreimbursable expenses.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_21-vv-00964-0
Date issued/filed: 2023-05-15
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 04/14/2023) regarding 33 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (nh) Service on parties made.
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Case 1:21-vv-00964-UNJ Document 35 Filed 05/15/23 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 21-964V
UNPUBLISHED
NANCY STOLZE, Chief Special Master Corcoran
Petitioner, Filed: April 14, 2023
v.
Special Processing Unit (SPU);
SECRETARY OF HEALTH AND Ruling on Entitlement; Concession;
HUMAN SERVICES, Table Injury; Influenza (Flu) Vaccine;
Shoulder Injury Related to Vaccine
Respondent. Administration (SIRVA)
Jeffrey S. Pop, Jeffrey S. Pop & Associates, Beverly Hills, CA, for Petitioner.
Julia Marter Collison, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On February 19, 2021, Nancy Stolze 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”) following an influenza (“flu”) vaccine administered on November
9, 2020. Petition at 1. Petitioner further alleges the vaccine was administered within the
United States, that she suffered the residual effects of her injury for more than six months,
and that she has filed no prior civil action as a result of her injury. Petition at ¶ 4; Amended
Petition, filed July 1, 2021, at ¶¶ 21, 23. The case was assigned to the Special Processing
Unit of the Office of Special Masters.
1 Because this unpublished Ruling 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 Ruling 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-00964-UNJ Document 35 Filed 05/15/23 Page 2 of 2
On April 11, 2023, Respondent filed his Rule 4(c) report in which he concedes that
Petitioner is entitled to compensation in this case. Respondent’s Rule 4(c) Report at 1.
Specifically, Respondent indicates that
[m]edical personnel at the Division of Injury Compensation Programs,
Department of Health and Human Services (“DICP”), have reviewed the
petition and medical records filed in the case. It is respondent’s position
that petitioner has satisfied the criteria set forth in the Vaccine Injury Table
(“Table”) and the Qualifications and Aids to Interpretation (“QAI”) for a
SIRVA: petitioner had no history of pain, inflammation or dysfunction in
her left shoulder; her pain and reduced range of motion occurred within 48
hours of receipt of an intramuscular vaccination; her symptoms were
limited to the shoulder in which the vaccine was administered;
and no other condition or abnormality was identified to explain her
symptoms.
Id. at 5-6 (42 C.F.R. §§ 100.3(a), (c)(10)). Respondent further agrees that the statutory
six-month sequela requirement has been satisfied. Id. (citing Section11(c)(D)(I)).
In view of Respondent’s position and the evidence of record, I find that
Petitioner is entitled to compensation.
IT IS SO ORDERED.
s/Brian H. Corcoran
Brian H. Corcoran
Chief Special Master
2

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DOCUMENT 2: USCOURTS-cofc-1_21-vv-00964-1
Date issued/filed: 2024-04-03
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 02/26/2024) regarding 42 DECISION of Special Master Signed by Chief Special Master Brian H. Corcoran. (nh) Service on parties made.
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Case 1:21-vv-00964-UNJ Document 48 Filed 04/03/24 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 21-0964V
NANCY STOLZE, Chief Special Master Corcoran
Petitioner,
v. Filed: February 26, 2024
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Jeffrey S. Pop, Jeffrey S. Pop & Associates, Beverly Hills, CA, for Petitioner.
Julia Marter Collison, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On February 19, 2021, Nancy Stolze 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”) following an influenza (“flu”) vaccine administered on November
9, 2020. Petition at 1. The case was assigned to the Special Processing Unit of the Office
of Special Masters. Because the parties could not informally resolve the issue of
damages, they were ordered to file briefs setting forth their respective arguments and
were notified that I would resolve this dispute via an expedited “Motions Day” hearing,
which ultimately took place on February 26, 2024.
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 (2012).

Case 1:21-vv-00964-UNJ Document 48 Filed 04/03/24 Page 2 of 2
Petitioner seeks an award of $60,000.00 in compensation for Petitioner’s actual
pain and suffering. Respondent recommends an award of $45,000.00.
After listening to the arguments of both sides, I issued an oral ruling on damages
constituting my findings of fact and conclusions of law, pursuant to Section 12(d)(3)(A),
at the conclusion of the February 26, 2024, hearing. An official recording of the proceeding
was taken by a court reporter, although a transcript has not yet been filed in this matter. I
hereby fully adopt and incorporate that oral ruling as officially recorded. As discussed
during my oral ruling, in another recent decision I discussed at length the legal standard
to be considered in determining damages and prior SIRVA compensation within SPU. I
fully adopt and hereby incorporate my prior discussion in Sections II and III of McKenna
v. Sec’y Health & Hum. Servs., No. 21-0030V, 2023 WL 5045121, at *2-4 (Fed. Cl. Spec.
Mstr. July 7, 2023) to the instant ruling and decision. Additionally, the official recording of
my oral ruling includes my discussion of various comparable cases as well as specific
facts relating to Petitioner’s medical history and experience that further informed my
decision awarding damages herein.
Based on my consideration of the complete record as a whole and for the reasons
discussed in my oral ruling, pursuant to Section 12(d)(3)(A), I find that $49,000.00
represents a fair and appropriate amount of compensation for Petitioner’s actual
pain and suffering.3 I also find that Petitioner is entitled to $2,347.92 in actual
unreimbursable expenses.4
Accordingly, I award Petitioner a lump sum payment of $51,347.92 in the form
of a check payable to Petitioner. This amount represents compensation for all damages
that would be available under Section 15(a).
The Clerk of Court is directed to enter judgment in accordance with this decision.5
IT IS SO ORDERED. s/Brian H. Corcoran
Brian H. Corcoran
Chief Special Master
3 Since this amount is being awarded for actual, rather than projected, pain and suffering, no reduction to
net present value is required. See Section 15(f)(4)(A); Childers v. Sec’y of Health & Hum. Servs., No. 96-
0194V, 1999 WL 159844, at *1 (Fed. Cl. Spec. Mstr. Mar. 5, 1999) (citing Youngblood v. Sec’y of Health &
Hum. Servs., 32 F.3d 552 (Fed. Cir. 1994)).
4 The parties have stipulated to the expenses. Brief filed May 30, 2023 (ECF No. 36) at 19; Response filed
July 6, 2023 (ECF No. 38) at n. 2.
5 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