VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_15-vv-00782
Package ID: USCOURTS-cofc-1_15-vv-00782
Petitioner: Brenda Benjamin
Filed: 2016-03-17
Decided: 2016-04-06
Vaccine: influenza
Vaccination date: 2014-10-03
Condition: shoulder injury related to vaccination (SIRVA)
Outcome: compensated
Award amount USD: 75000

AI-assisted case summary:
Brenda Benjamin filed a petition on March 17, 2016, alleging that an influenza vaccine administered on October 3, 2014, caused her to develop a shoulder injury related to vaccination (SIRVA). Respondent denied that the flu vaccine caused Petitioner's SIRVA or any other injury. The parties subsequently filed a joint stipulation for damages, which Special Master Mindy Michaels Roth found to be reasonable and adopted as the court's decision. Under the stipulation, Brenda Benjamin was awarded a lump sum of $75,000.00, payable by check, as compensation for all damages. The court ordered that judgment be entered in accordance with the terms of the stipulation. Maximillian J. Muller represented the Petitioner, and Christine M. Becer represented the Respondent.

Theory of causation field:
Petitioner Brenda Benjamin alleged that an influenza vaccine administered on October 3, 2014, caused a shoulder injury related to vaccination (SIRVA). Respondent denied causation. The parties reached a joint stipulation for damages, which was adopted by Special Master Mindy Michaels Roth. The stipulation resulted in an award of $75,000.00. The specific theory of causation, medical experts, clinical details of the injury, onset, symptoms, tests, and treatments were not described in the provided public text. The case falls under the "Table" category for theory of causation, indicating a condition listed in the Vaccine Injury Table.

Public staged source text:

================================================================================
DOCUMENT 1: USCOURTS-cofc-1_15-vv-00782-0
Date issued/filed: 2016-04-06
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 03/17/2016) regarding 19 DECISION Stipulation. Signed by Special Master Mindy Michaels Roth. (jb) Copy to parties. (Main Document 25 replaced on 4/12/2016) (jt1).
--------------------------------------------------------------------------------
Case 1:15-vv-00782-UNJ Document 25 Filed 04/06/16 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 15-782V
Filed: March 17, 2016
* * * * * * * * * * * * * * * * UNPUBLISHED
BRENDA BENJAMIN, *
* Special Master Roth
Petitioner, *
* Joint Stipulation on Damages;
v. * Influenza (“Flu”) Vaccine;
* Shoulder Injury Related to
SECRETARY OF HEALTH * Vaccination (“SIRVA”).
AND HUMAN SERVICES, *
*
Respondent. *
* * * * * * * * * * * * * * * *
Maximillian J. Muller, Muller Brazil, LLP, Dresher, PA, for Petitioner.
Christine M. Becer, United States Department of Justice, Washington, D.C., for Respondent.
DECISION1
On July 24, 2015, Brenda Benjamin (“Petitioner”) filed a petition pursuant to the
National Vaccine Injury Compensation Program.2 42 U.S.C. §§ 300aa-1 to -34 (2006); Petition
(“Pet.”), ECF No. 1, at 1-5. Petitioner alleged that an influenza (“flu”) vaccination administered
on October 3, 2014 caused her to develop a shoulder injury related to vaccination (“SIRVA”).
Pet. at 1-2.
On March 15, 2016, the parties filed a stipulation in which they state that a decision
should be entered awarding compensation. Stipulation, ECF No. 17. Respondent denies that the
flu vaccine caused Petitioner’s SIRVA, any other injury, or her current condition. However, the
1 Because this decision contains a reasoned explanation for the undersigned’s action in this case,
the undersigned intends to post this decision on the website of the United States Court of Federal
Claims, in accordance with the E-Government Act of 2002, codified as amended at 44 U.S.C. §
3501 note (2012). As provided by Vaccine Rule 18(b), each party has 14 days within which to
request redaction “of any information furnished by that party: (1) that is a trade secret or
commercial or financial in substance and is privileged or confidential; or (2) that includes
medical files or similar files, the disclosure of which would constitute a clearly unwarranted
invasion of privacy.” Vaccine Rule 18(b).
2 The National Vaccine Injury Compensation Program is set forth in Part 2 of the National
Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755, codified as amended,
42 U.S.C. §§ 300aa-1 to -34 (2006) (Vaccine Act or the Act). All citations in this decision to
individual sections of the Vaccine Act are to 42 U.S.C.A. § 300aa.
1

Case 1:15-vv-00782-UNJ Document 25 Filed 04/06/16 Page 2 of 7
parties agree to the joint stipulation, attached hereto as Appendix A. The undersigned finds the
stipulation reasonable and adopts it as the decision of the Court in awarding damages, on the
terms set forth therein.
The parties stipulate that Petitioner shall receive the following compensation:
A lump sum of $75,000.00 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).
Stipulation ¶ 8.
The undersigned approves the requested amount for Petitioner’s compensation.
Accordingly, an award should be made consistent with the stipulation.
In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of
the court SHALL ENTER JUDGMENT in accordance with the terms of the parties’
stipulation.3
IT IS SO ORDERED.
s/ Mindy Michaels Roth
Mindy Michaels Roth
Special Master
3 Pursuant to Vaccine Rule 11(a), entry of judgment is expedited by the parties’ joint filing of
notice renouncing the right to seek review.
2

Case 1:15-vv-00782-UNJ Document 25 Filed 04/06/16 Page 3 of 7

Case 1:15-vv-00782-UNJ Document 25 Filed 04/06/16 Page 4 of 7

Case 1:15-vv-00782-UNJ Document 25 Filed 04/06/16 Page 5 of 7

Case 1:15-vv-00782-UNJ Document 25 Filed 04/06/16 Page 6 of 7

Case 1:15-vv-00782-UNJ Document 25 Filed 04/06/16 Page 7 of 7