VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_23-vv-00671 Package ID: USCOURTS-cofc-1_23-vv-00671 Petitioner: Diana Vorholt Filed: 2025-05-27 Decided: 2025-08-04 Vaccine: influenza Vaccination date: 2021-10-13 Condition: shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 67500 AI-assisted case summary: Diana Vorholt filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she suffered a Table injury, specifically shoulder injury related to vaccine administration (SIRVA), as a result of her October 13, 2021 influenza vaccination. She stated that she received the vaccination in the United States, suffered residual effects for more than six months, and had no prior award or settlement for her injury. Respondent denied that Petitioner sustained a Table SIRVA injury, denied that the vaccine caused her alleged shoulder injury or any other injury, and denied that her current condition was a sequela of a vaccine-related injury. Despite the respondent's denials, the parties filed a joint stipulation on May 27, 2025, agreeing that compensation should be awarded. Chief Special Master Corcoran found the stipulation reasonable and adopted it as the decision awarding damages. The court awarded Diana Vorholt a lump sum of $67,500.00, to be paid through an ACH deposit to her counsel's IOLTA account for prompt disbursement. This amount represents compensation for all items of damages available under Section 15(a) of the Vaccine Act. Theory of causation field: Table Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_23-vv-00671-0 Date issued/filed: 2025-08-04 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 05/27/2025) regarding 30 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (ppa) Service on parties made. -------------------------------------------------------------------------------- Case 1:23-vv-00671-UNJ Document 36 Filed 08/04/25 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 23-671V DIANA VORHOLT, Chief Special Master Corcoran Petitioner, Filed: May 27, 2025 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Jonathan Joseph Svitak, Shannon Law Group, P.C., Woodridge, IL, for Petitioner. Mary Novakovic, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON JOINT STIPULATION1 On May 5, 2023, Diana Vorholt 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 Table injury – shoulder injury related to vaccine administration (“SIRVA”) as a result of her October 13, 2021 influenza (“flu”) vaccination. Petition at 1; Stipulation, filed May 27, 2025, ¶¶ 1-2, 4. Petitioner further alleges that she received her vaccination in the United States, that she suffered the residual effects of her injury for more than six months, and that there has been no prior award or settlement of a civil action on her behalf as a result of her injury. Stipulation at ¶¶ 3-5; see Petition at ¶¶ 2, 15, 17-18. “Respondent denies that [P]etitioner sustained a Table SIRVA injury; denies that the vaccine caused [P]etitioner's alleged shoulder injury, or any other injury; and denies that her current condition is a sequela of a vaccine-related injury ” Stipulation at ¶ 6. 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 1:23-vv-00671-UNJ Document 36 Filed 08/04/25 Page 2 of 7 Nevertheless, on May 27, 2025, the parties filed the attached joint stipulation,3 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 $67,500.00, to be paid through an ACH deposit to Petitioner’s counsel’s IOLTA account for prompt disbursement 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.4 IT IS SO ORDERED. s/Brian H. Corcoran Brian H. Corcoran Chief Special Master 3 The “RSign Envelope Data” form attached to the parties’ stipulation at page six, has been omitted from the attached copy of the stipulation. 4 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 1:23-vv-00671-UNJ Document 36 Filed 08/04/25 Page 3 of 7 Case 1:23-vv-00671-UNJ Document 36 Filed 08/04/25 Page 4 of 7 Case 1:23-vv-00671-UNJ Document 36 Filed 08/04/25 Page 5 of 7 Case 1:23-vv-00671-UNJ Document 36 Filed 08/04/25 Page 6 of 7 Case 1:23-vv-00671-UNJ Document 36 Filed 08/04/25 Page 7 of 7