VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_13-vv-00807
Package ID: USCOURTS-cofc-1_13-vv-00807
Petitioner: Kimberly Bowman
Filed: 2013-10-17
Decided: 2014-09-25
Vaccine: influenza
Vaccination date: 2010-10-20
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 325000

AI-assisted case summary:
On October 17, 2013, Kimberly Bowman filed a petition seeking compensation under the National Vaccine Injury Compensation Program for tendonitis in her left shoulder, which she alleged resulted from an influenza vaccination received on October 20, 2010. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on June 17, 2014, conceding that Ms. Bowman's condition was consistent with a shoulder injury related to vaccine administration (SIRVA) and was caused in fact by the flu vaccine. Based on this concession and the record, Special Master Christian J. Moran issued a ruling on June 17, 2014, finding Ms. Bowman entitled to compensation. A status conference was scheduled to discuss damages. Subsequently, on August 25, 2014, the parties filed a joint stipulation. Special Master Moran adopted this stipulation as the decision of the Court on September 25, 2014. The stipulation detailed the terms of the compensation award. Ms. Bowman was awarded a lump sum of $325,000.00, payable to her, representing compensation for all damages available under 42 U.S.C. § 300aa-15(a). Additionally, a lump sum of $12,634.27 was awarded, payable jointly to Ms. Bowman and her attorney, Andrew D. Downing of Hennelly & Steadman, P.C., for attorney's fees and costs under 42 U.S.C. § 300aa-15(e). The stipulation also noted that Ms. Bowman incurred no out-of-pocket litigation expenses. The parties agreed that the stipulation represented a full and complete negotiated settlement of liability and damages claimed under the National Childhood Vaccine Injury Act of 1986. The public decision does not describe the specific onset of symptoms, medical tests performed, or treatments received by Ms. Bowman. The attorneys involved were Andrew D. Downing for the petitioner and Gordon E. Shemin for the respondent.

Theory of causation field:
Petitioner Kimberly Bowman received an influenza vaccine on October 20, 2010, and subsequently developed tendonitis in her left shoulder, diagnosed as a shoulder injury related to vaccine administration (SIRVA). The respondent conceded in a Rule 4(c) report filed June 17, 2014, that the injury was consistent with SIRVA and was caused in fact by the vaccination. Special Master Christian J. Moran issued a ruling on June 17, 2014, finding entitlement based on the respondent's concession. A joint stipulation was filed on August 25, 2014, which Special Master Moran adopted as the decision of the Court on September 25, 2014. The stipulation stated that there was not a preponderance of evidence demonstrating the condition was due to a factor unrelated to vaccination. The award included a lump sum of $325,000.00 for damages and $12,634.27 for attorney's fees and costs, payable jointly to petitioner and her attorney, Andrew D. Downing. Petitioner was represented by Andrew D. Downing of Hennelly & Steadman, P.C., and respondent was represented by Gordon E. Shemin of the U.S. Department of Justice.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_13-vv-00807-0
Date issued/filed: 2014-07-15
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 06/17/2014) regarding 24 Ruling on Entitlement. Signed by Special Master Christian J. Moran. (tpj) Copy to parties.
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Case 1:13-vv-00807-UNJ Document 27 Filed 07/15/14 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
* * * * * * * * * * * * * * * * * * * * *
KIMBERLY BOWMAN, *
* No. 13-807V
Petitioner, * Special Master Christian J. Moran
*
v. * Filed: June 17, 2014
*
SECRETARY OF HEALTH * Stipulation;influenza (“flu”)
AND HUMAN SERVICES, * vaccine; shoulder injury related to
* vaccine administration (“SIRVA”).
Respondent. *
* * * * * * * * * * * * * * * * * * * * *
Andrew D.Downing, Hennelly & Steadman, P.C., Phoenix, AZ, for Petitioner;
Gordon E. Shemin, United States Dep’t of Justice, Washington, DC, for
Respondent.
UNPUBLISHED RULING FINDING ENTITLEMENT1
On October 17, 2013, Kimberly Bowman sought compensation for
tendonitis in her left shoulder, resulting from the administration of the influenza
(“flu”) vaccination on October 20, 2010. Ms. Bowman seeks compensation
pursuant to the National Vaccine Injury Compensation Program, 42 U.S.C. §
300aa-10 et seq. (2006).
In the Rule 4 (c) report, respondent stated that Ms. Bowman’s claim is
compensable under the Act. Respondent stated that the Division of Vaccine Injury
Compensation, Department of Health and Human Services, has reviewed the facts
of this case and have concluded that “petitioner’s alleged injury is consistent with a
shoulder injury related to vaccine administration (“SIRVA”) and that it was caused
in fact by the flu vaccine she received on October 20, 2010.” Resp’t’s Rep., filed
June 17, 2014, at 3. Respondent further states that “based on the record as it now
1 The E-Government Act of 2002, Pub. L. No. 107-347, 116 Stat. 2899, 2913 (Dec. 17,
2002), requires that the Court post this decision on its website. Pursuant to Vaccine Rule 18(b),
the parties have 14 days to file a motion proposing redaction of medical information or other
information described in 42 U.S.C. § 300aa-12(d)(4). Any redactions ordered by the special
master will appear in the document posted on the website.

Case 1:13-vv-00807-UNJ Document 27 Filed 07/15/14 Page 2 of 2
stands, petitioner has satisfied all legal prerequisites for compensation under the
Act.” Id. at 4.
Special masters may determine whether a petitioner is entitled to
compensation based upon the record. A hearing is not required. 42 U.S.C. §
300aa-13; Vaccine Rule 8(d). Based upon a review of the record as a whole, the
undersigned finds that petitioner has established that she is entitled to
compensation for her injuries.
Accordingly, Ms. Bowman is entitled to compensation. A status
conference REMAINS set for Wednesday, July 9, 2014 at 2:30 P.M. Eastern
Time to discuss the process for quantifying the amount of damages to which Ms.
Bowman is entitled.
Any questions may be directed to my law clerk, Mary Holmes, at (202) 357-
6353.
IT IS SO ORDERED.
s/Christian J. Moran
Christian J. Moran
Special Master

================================================================================
DOCUMENT 2: USCOURTS-cofc-1_13-vv-00807-1
Date issued/filed: 2014-09-25
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 08/29/2014) regarding 30 DECISION Stipulation. Signed by Special Master Christian J. Moran. (tpj) Copy to parties.
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Case 1:13-vv-00807-UNJ Document 34 Filed 09/25/14 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
* * * * * * * * * * * * * * * * * * * * *
KIMBERLY BOWMAN, *
* No. 13-807V
Petitioner, * Special Master Christian J. Moran
*
v. * Filed: August 29, 2014
*
SECRETARY OF HEALTH * Stipulation;influenza (“flu”)
AND HUMAN SERVICES, * vaccine; shoulder injury related to
* vaccine administration (“SIRVA”);
Respondent. * attorneys’ fees and costs
* * * * * * * * * * * * * * * * * * * * *
Andrew D.Downing, Hennelly & Steadman, P.C., Phoenix, AZ, for Petitioner;
Gordon E. Shemin, United States Dep’t of Justice, Washington, DC, for
Respondent.
UNPUBLISHED DECISION1
On August 25, 2014, the respondent filed a joint stipulation concerning the
petition for compensation filed by Kimberly Bowman. In her petition, Ms.
Bowman alleges that the influenza (“flu”) vaccination, which she received on
October 20, 2010, caused her to suffer a shoulder injury. Ms. Bowman seeks
compensation pursuant to the National Childhood Vaccine Injury Compensation
Program, 42 U.S.C. §§ 300aa-10 through 34 (2006).
In her June 16, 2014 Rule 4 (c) report, respondent conceded that Ms.
Bowman’s claim is compensable under the Act. Soon thereafter, the undersigned
ruled that Ms. Bowman is entitled to compensation. Ruling, issued June 17, 2014.
The parties agree to the joint stipulation, attached hereto as Appendix A.
The undersigned finds said stipulation reasonable and adopts it as the decision of
1 The E-Government Act of 2002, Pub. L. No. 107-347, 116 Stat. 2899, 2913 (Dec. 17,
2002), requires that the Court post this decision on its website. Pursuant to Vaccine Rule 18(b),
the parties have 14 days to file a motion proposing redaction of medical information or other
information described in 42 U.S.C. § 300aa-12(d)(4). Any redactions ordered by the special
master will appear in the document posted on the website.

Case 1:13-vv-00807-UNJ Document 34 Filed 09/25/14 Page 2 of 7
the Court in awarding damages and attorneys’ fees and costs, on the terms set forth
therein.
Compensation awarded in that stipulation includes:
A. A lump sum of $325,000.00 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); and
B. A lump sum of $12,634.27 in the form of a check payable jointly to
petitioner and petitioner's attorney, Andrew D. Downing, for
attorney's fees and costs available under 42 U.S.C. § 300aa-15(e). In
compliance with General Order #9, petitioner incurred no out-of-
pocket litigation expenses in proceeding on the petition.
In the absence of a motion for review filed pursuant to RCFC, Appendix B,
the clerk is directed to enter judgment in case 13-807V according to this decision
and the attached stipulation.
Any questions may be directed to my law clerk, Mary Holmes, at (202) 357-
6353.
IT IS SO ORDERED.
s/Christian J. Moran
Christian J. Moran
Special Master
2

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
)
KIMBERLY BOWMAN, )
)
Petitioner, ) No. 13-807V
) Special Master Moran
v. ) ECF
)
SECRETARY OF HEALTH AND )
HUMAN SERVICES )
)
Respondent. )
STIPULATION
The parties hereby stipulate to the following matters:
1. Petitioner filed a petition for vaccine compensation under the National Vaccine Injury
Compensation Program, 42 U.S.C. § 300aa-10 to 34 (the ''Vaccine Program"). The petition
seeks compensation for injuries allegedly related to petitioner's receipt of the influenz.a ("flu")
vaccine, which vaccine is contained in the Vaccine Injury Table (the ''Table"), 42 C.F.R. §
100.3(a).
2. Petitioner received the flu vaccination on or about October 20, 2010.
3. The vaccine was administered within the United States.
4. Petitioner suffered a shoulder injury related to vaccine administration (SIRVA). This
includes, but is not limited to, petitioner's tendonitis, adhesive capsulitis, and disorders of the
bursea and tendons in her shoulder region.
5. Petitioner experienced the residual effects of her injury for more than six months.
6. There is not a preponderance of evidence demonstrating that petitioner's condition is
due to a factor unrelated to vaccination.

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7. Petitioner represents that there has been no prior award or settlement of a civil action
for damages as a resuh of her condition.
8. Accordingly, petitioner is entitled to compensation under the terms of the Vaccine Act
for her SIRVA. Therefore, a decision should be entere~ awarding the compensation described in
Paragraph 9 of this stipulation.
9. As soon as practicable after an entry of judgment reflecting a decision consistent with
the terms of this Stipulation, and after petitioner has filed an election to receive compensation
pursuant to 42 U.S.C. § 300aa-21(a)(l), the Secretary ofHeahh and Human Services will issue
the following vaccine compensation payments:
a. A lump sum of $325,000.00 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); and
b. A lump sum of $12,634.27 in the form of a check payable jointly to petitioner and
petitioner's attorney, Andrew D. Downing, for attorney's fees and costs available under
42 U.S.C. § 300aa-15(e). In compliance with General Order #9, petitioner incurred no
out-of-pocket litigation expenses in proceeding on the petition.
10. Petitioner and her attorney represent that they have identified to respondent all
known sources of payment for items· or services for which the Program is not primarily liable
under 42 U.S.C. § 300aa-15(g), including State compensation programs, insurance policies,
Federal or State heahh benefits programs (other than Title XIX of the Social Security Act (4 2
U.S.C. § 1396 et seq.)), or by entities that provide heahh services on a pre-paid basis.
11. Payments made pursuant to paragraph 9 of this Stipulation will be made in
accordance with 42 U.S.C. § 300aa-15(i), subject to the availability of sufficient statutory funds.
12. The parties and their attorneys further agree and stipulate that, except for any award
for attorney's fees and litigation costs, and past unreimbursable expenses, the money provided
pursuant to this Stipulation will be used solely for the benefit of petitioner as contemplated by a
2

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strict construction of 42 U.S.C. § 300aa-15(a) and (d), and subject to the conditions of 42 U.S.C.
§ 300aa-15(g) and (h).
13. In return for the payments described in paragraph 9, petitioner, in her individual
capacity, and on behalf of his heirs, executors, administrators, successors and/or assigns, does
forever irrevocably and unconditionally release, acquit and discharge the United States and the
Secretary of Health and Human Services from any and all actions or causes of action (including
agreements, judgments, claims, damages, loss of services, expenses and all demands of whatever
kind or nature) that have been brought, could have been brought, or could be timely brought in
the Court of Federal Claims, under the National Vaccine Injury Compensation Program, 42
U.S.C. § 300aa-10 et seq., on account of, or in any way growing out of, any and all known or
unknown, suspected or unsuspected personal injuries to or death of petitioner resulting from, or
alleged to have resulted from, the flu vaccine administered on or about October 20, 2010 as
alleged by petitioner in a petition for vaccine compensation filed on or about October 17, 2013,
in the United States Court of Federal Claims as petition No. 13-807V.
14. If petitioner should die prior to entry of judgment, this agreement shall be voidable
upon proper notice to the Court on behalf of either or both of the parties.
15. If the special master fails to issue a decision in complete conformity with the terms
of this Stipulation or if the Court of Federal Claims fails to enter judgment in conformity with a
decision that is in complete conformity with the terms of this Stipulation, then the parties'
settlement and this Stipulation shall be voidable at the sole discretion of either party.
16. This Stipulation expresses a full and complete negotiated settlement of liability and
damages claimed under the National Childhood Vaccine Injury Act of 1986. There is absolutely
no agreement on the part of the parties hereto to make any payment or to do any act or thing
3

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other than is herein expressly stated and clearly agreed to. The parties further agree and
understand that the award described in this Stipulation may reflect a compromise of the parties'
respective positions as to liability and/or amount of damages, and further, that a change in the
nature of the injury or condition or in the items of compensation sought, is not grounds to modify
or revise this agreement.
17. All rights and obligations of petitioner hereunder shall apply equally to petitioner's
heirs, executors, administrators, successors, and/or assigns.
END OF STIPULATION
4

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Respectfully submitted,
PETITIONER:
ATTORNEY OF RECORD FOR
PETITIONER:
!\ DREW D. DOWNIN
Van Cott & TaJamante, PLLC Deputy Director
2025 N. Third Street Torts Branch
Suite 260 Civil Division
Phoenix, AZ 85004 U.S. Department of Justice
(602) 257-9160 P.O. Box 146
Benjamin Franklin Station
Washington, DC 20044-0146
AUTHORIZED REPRESENTATIVE ATTORNEY OF RECORD FOR
OF THE SECRETARY OF HEALTH RESPONDENT:
AN~VICES:
A. MELISSA HOUSTON, M.D., M.P.H,FAAP ONSH
Acting Director, Division of Vaccine Trial Attorney
Injury Compensation (DVIC), Acting Director Torts Branch
Countermeasures Injury Compensation Civil Division
Program (CICP) U.S. Department of Justice
Heahhcare Systems Bureau, U.S. Department P.O. Box 146
Of Health and Human Services Benjamin Franklin Station
5600 Fishers Lane Washington, DC 20044-0146
Park1awn Building, Mail Stop llC-26 (202) 616-4208
Rockville, MD 20857
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