VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_22-vv-01518 Package ID: USCOURTS-cofc-1_22-vv-01518 Petitioner: Kelli Boerckel Filed: 2022-10-14 Decided: 2024-01-23 Vaccine: influenza Vaccination date: Condition: immune thrombocytopenia (ITP) Outcome: compensated Award amount USD: 40000 AI-assisted case summary: Kelli Boerckel filed a petition on October 14, 2022, alleging that an influenza vaccination caused her to develop immune thrombocytopenia (ITP). The respondent, the Secretary of Health and Human Services, denied that the vaccine caused the ITP. Despite the respondent's denial, the parties reached a joint stipulation to resolve the case. Special Master Christian J. Moran reviewed the stipulation and found it reasonable, adopting it as the decision of the Court. As a result of the stipulation, Kelli Boerckel was awarded $40,000.00 in the form of a lump-sum check payable to her. This amount is intended to compensate for all damages available under 42 U.S.C. § 300aa-15(a). The public decision does not describe the petitioner's counsel, respondent's counsel, the specific date of vaccination, the onset of symptoms, clinical details, medical tests, treatments, or any expert witnesses. The decision was made public in accordance with the E-Government Act of 2002, with parties having 14 days to request redaction of sensitive information. Theory of causation field: Petitioner Kelli Boerckel alleged that an influenza vaccination caused her to develop immune thrombocytopenia (ITP). Respondent denied causation. The parties reached a joint stipulation for compensation, which was adopted by Special Master Christian J. Moran. The stipulation resulted in a $40,000.00 lump-sum award. The public decision does not detail the specific vaccination date, age at vaccination, onset of symptoms, medical records, expert testimony, or the specific mechanism of causation. The theory of causation is not elaborated upon in the provided public text beyond the petitioner's allegation and the respondent's denial, with the case resolved via stipulation. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_22-vv-01518-0 Date issued/filed: 2024-02-15 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 1/23/2024) regarding 49 DECISION Stipulation/Proffer, Signed by Special Master Christian J. Moran. (dksc) Service on parties made. -------------------------------------------------------------------------------- Case 1:22-vv-01518-UNJ Document 53 Filed 02/15/24 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS * * * * * * * * * * * * * * * * * * * * * * * * * KELLI BOERCKEL, * No. 22-1518V * Petitioner, * * Special Master Christian J. Moran v. * * Filed: January 23, 2024 SECRETARY OF HEALTH * AND HUMAN SERVICES, * * Respondent. * * * * * * * * * * * * * * * * * * * * * * * * * * Amy Senerth, Muller Brazil, LLP, Dresher, PA, for Petitioner; Lauren Kells, United States Dep’t of Justice, Washington, DC, for Respondent. UNPUBLISHED DECISION1 On January 23, 2024, the parties filed a joint stipulation concerning the petition for compensation filed by Kelli Boerckel on October 14, 2022. Petitioner alleged that the influenza (“flu”) vaccination caused her to suffer from immune thrombocytopenia (“ITP”). Petitioner represents that there has been no prior award or settlement of a civil action for damages on her behalf as a result of her alleged injury. Respondent denies that the vaccine caused petitioner to suffer from ITP. Nevertheless, the parties agree to the joint stipulation, attached hereto. The undersigned finds said stipulation reasonable and adopts it as the decision of the Court in awarding damages, on the terms set forth therein. 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), the parties have 14 days to identify and move to redact medical or other information, the disclosure of which would constitute an unwarranted invasion of privacy. Any changes will appear in the document posted on the website. Furthermore, to avoid unnecessary disclosure of petitioner’s personal information, the Vinesign form, originally included in the stipulation, has been omitted from the attached stipulation with the issuance of this decision. Case 1:22-vv-01518-UNJ Document 53 Filed 02/15/24 Page 2 of 7 Damages awarded in that stipulation include: A lump sum of $40,000.00 in the form of a check payable to petitioner. This amount represents compensation for all damages that would be available under 42 U.S.C. § 300aa-15(a). In the absence of a motion for review filed pursuant to RCFC, Appendix B, the clerk is directed to enter judgment according to this decision and the attached stipulation.2 IT IS SO ORDERED. s/Christian J. Moran Christian J. Moran Special Master 2 Pursuant to Vaccine Rule 11(a), the parties can expedite entry of judgment by each party filing a notice renouncing the right to seek review by a United States Court of Federal Claims judge. 2 Case 1:22-vv-01518-UNJ Document 53 Filed 02/15/24 Page 3 of 7 Case 1:22-vv-01518-UNJ Document 53 Filed 02/15/24 Page 4 of 7 Case 1:22-vv-01518-UNJ Document 53 Filed 02/15/24 Page 5 of 7 Case 1:22-vv-01518-UNJ Document 53 Filed 02/15/24 Page 6 of 7 Case 1:22-vv-01518-UNJ Document 53 Filed 02/15/24 Page 7 of 7 ================================================================================ DOCUMENT 2: USCOURTS-cofc-1_22-vv-01518-cl-extra-10823314 Date issued/filed: 2025-03-14 Pages: 1 Docket text: Supplementary opinion from CourtListener cluster 10356726 -------------------------------------------------------------------------------- In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS ********************** KELLI BOERCKEL, * No. 22-1518V * Petitioner, * * Special Master Christian J. Moran v. * * Filed: February 20, 2025 SECRETARY OF HEALTH * AND HUMAN SERVICES, * * Respondent. * ********************* Amy Senerth, Muller Brazil, LLP, Dresher, PA, for Petitioner; Lauren Kells, United States Dep’t of Justice, Washington, DC, for Respondent. UNPUBLISHED DECISION AWARDING ATTORNEYS’ FEES AND COSTS1 Pursuant to 42 U.S.C. § 300aa-15(e), petitioner has requested a total of $27,543.03 in attorneys’ fees and costs. The undersigned tentatively found that petitioner requested a reasonable amount and was entitled to the full amount requested. The undersigned allowed respondent an opportunity to comment. Respondent did not interpose any objections within the time permitted. 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), the parties have 14 days to identify and move to redact medical or other information, the disclosure of which would constitute an unwarranted invasion of privacy. Any changes will appear in the document posted on the website. Petitioner’s attorney and attorney staff have requested hourly rates that are consistent with the rates previously awarded and/or reasonable. The number of hours is reasonable. Thus, the amount requested is reasonable. Petitioner is awarded $27,543.03 to be paid through an ACH deposit to petitioner’s counsel’s IOLTA account for prompt disbursement. In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of the court is directed to enter judgment herewith. 2 IT IS SO ORDERED. s/Christian J. Moran Christian J. Moran Special Master 2 Pursuant to Vaccine Rule 11(a), the parties may expedite entry of judgment by filing a joint notice renouncing their right to seek review. 2