VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_22-vv-01665
Package ID: USCOURTS-cofc-1_22-vv-01665
Petitioner: Setsu Korb
Filed: 2022-11-08
Decided: 2024-01-02
Vaccine: influenza
Vaccination date: 2020-10-01
Condition: acute disseminating enchepalomyelitis (ADEM)
Outcome: compensated
Award amount USD: 88000

AI-assisted case summary:
Setsu Korb filed a petition on November 8, 2022, seeking compensation under the National Vaccine Injury Compensation Program. Petitioner alleged that she suffered from acute disseminated encephalomyelitis (ADEM) as a result of an influenza vaccination received on October 1, 2020. The respondent denied that the influenza immunization caused Petitioner's ADEM or any other injury. Despite maintaining their positions, both parties filed a joint stipulation on December 12, 2023, agreeing that the issues could be resolved and that Petitioner should be awarded compensation. Special Master Katherine E. Oler reviewed the file and adopted the stipulation as the decision. The stipulation awarded Petitioner a lump sum of $88,000.00, payable by check, representing compensation for all damages available under the Vaccine Program. Judgment was to be entered accordingly. Petitioner was represented by Anne Toale of Maglio Christopher and Toale, and Respondent was represented by Julianna Kober of the U.S. Department of Justice.

Theory of causation field:
Petitioner Setsu Korb alleged that an influenza vaccination received on October 1, 2020, caused her to suffer from acute disseminated encephalomyelitis (ADEM). Respondent denied causation. The parties resolved the case via joint stipulation filed December 12, 2023, agreeing to a settlement award. Special Master Katherine E. Oler adopted the stipulation, awarding Petitioner $88,000.00 in a lump sum. The public decision does not describe the specific medical experts, clinical details of the alleged injury, onset, symptoms, diagnostic tests, treatments, or the mechanism of causation. Petitioner was represented by Anne Toale, and Respondent by Julianna Kober.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_22-vv-01665-0
Date issued/filed: 2024-01-02
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 12/13/2023) regarding 28 DECISION of Special Master - Stipulation. Signed by Special Master Katherine E. Oler. (sl) Service on parties made.
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Case 1:22-vv-01665-UNJ Document 32 Filed 01/02/24 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 22-1665V
Filed: December 13, 2023
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SETSU KORB,
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Petitioner, *
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v.
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SECRETARY OF HEALTH AND *
HUMAN SERVICES, *
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Respondent. *
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Anne Toale, Maglio Christopher and Toale, Sarasota, FL, for Petitioner
Julianna Kober, U.S. Department of Justice, Washington, DC, for Respondent
DECISION ON JOINT STIPULATION1
On November 8, 2022, Setsu Korb (“Petitioner”) filed a petition, seeking compensation
under the National Vaccine Injury Compensation Program (“the Vaccine Program”).2 Pet., ECF
No. 1. Petitioner alleges she suffered from acute disseminating enchepalomyelitis (“ADEM”) as a
result of the influenza (“flu”) vaccination she received on October 1, 2020. See Stipulation ¶ 2, 4,
dated December 12, 2023 (ECF No. 27); see also Petition.
Respondent denies “that the influenza immunization is the cause of petitioner’s alleged
ADEM or any other injury or condition.” See Stipulation ¶ 6. Nonetheless, both parties, while
1 Because this Decision contains a reasoned explanation for the action 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 The Vaccine Program comprises Part 2 of the National Childhood Vaccine Injury Act of 1986, Pub. L.
No. 99-660, 100 Stat. 3755 (codified as amended at 42 U.S.C. §§ 300aa-10–34 (2012)) (hereinafter
“Vaccine Act” or “the Act”). All subsequent references to sections of the Vaccine Act shall be to the
pertinent subparagraph of 42 U.S.C. § 300aa.

Case 1:22-vv-01665-UNJ Document 32 Filed 01/02/24 Page 2 of 7
maintaining their above-stated positions, agreed in a stipulation filed December 12, 2023 that the
issues before them can be settled and that a decision should be entered awarding Petitioner
compensation.
I have reviewed the file, and based upon that review, I conclude that the parties’ stipulation
is reasonable. I therefore adopt it as my decision in awarding damages on the terms set forth
therein.
The stipulation awards:
a lump sum of $88,000.00 in the form of a check payable to petitioner.
Stipulation ¶ 8. This award represents compensation for all damages that would be available under
42 U.S.C. § 300aa-15(a).
I approve a Vaccine Program award in the requested amount set forth above to be made to
Petitioner. 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.3
IT IS SO ORDERED.
s/ Katherine E. Oler
Katherine E. Oler
Special Master
3 Pursuant to Vaccine Rule 11(a), the parties may expedite entry of judgment by jointly filing notice
renouncing their right to seek review.

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