VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_16-vv-00643
Package ID: USCOURTS-cofc-1_16-vv-00643
Petitioner: Jessica Brooks
Filed: 2016-05-31
Decided: 2017-12-11
Vaccine: influenza
Vaccination date: 2014-11-14
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 85000

AI-assisted case summary:
Jessica Brooks filed a petition for compensation under the National Vaccine Injury Compensation Program on May 31, 2016. She alleged that she suffered a shoulder injury related to vaccine administration (SIRVA) in her left arm, which she claimed was causally related to an influenza vaccination received on November 14, 2014. Ms. Brooks further alleged that the effects of her injury lasted for more than six months and that no civil action had been filed, nor had any compensation been received for the alleged vaccine-caused injury. The respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused Ms. Brooks' alleged SIRVA or any other injury, and further denied that her current disabilities were a sequela of a vaccine-related injury. Despite the respondent's denial, on May 4, 2017, the parties filed a joint stipulation for damages. Chief Special Master Nora Beth Dorsey reviewed the stipulation, found it to be reasonable, and adopted it as the decision of the Court. Under the terms of the stipulation, Jessica Brooks was awarded a lump sum of $85,000.00, payable to her, as compensation for all items of damages. The decision was issued on December 11, 2017. Petitioner was represented by Danielle Strait of Maglio, Christopher & Toale (WA), and respondent was represented by Michael Milmoe of the U.S. Department of Justice. The public decision does not describe the specific onset of symptoms, medical tests performed, treatments received, or the specific mechanism of injury. The public decision also does not name any medical experts.

Theory of causation field:
Jessica Brooks filed a petition alleging a shoulder injury related to vaccine administration (SIRVA) in her left arm, causally related to an influenza vaccination received on November 14, 2014. The respondent denied causation. The parties filed a joint stipulation for damages, which was approved by Chief Special Master Nora Beth Dorsey. Petitioner was awarded $85,000.00 as compensation for all items of damages. The public decision does not specify the theory of causation, the mechanism of injury, or name any medical experts. The decision date was December 11, 2017, and the petition was filed on May 31, 2016. Petitioner's counsel was Danielle Strait, and respondent's counsel was Michael Milmoe.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_16-vv-00643-0
Date issued/filed: 2017-12-11
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 05/05/2017) regarding 27 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
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Case 1:16-vv-00643-UNJ Document 36 Filed 12/11/17 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 16-0643V
Filed: May 5, 2017
UNPUBLISHED
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
JESSICA BROOKS, *
*
Petitioner, * Joint Stipulation on Damages;
v. * Influenza (“Flu”) Vaccine;
* Shoulder Injury Related to Vaccine
SECRETARY OF HEALTH * Administration (“SIRVA”);
AND HUMAN SERVICES, * Special Processing Unit (“SPU”)
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Danielle Strait, Maglio, Christopher & Toale (WA), Seattle, WA, for petitioner.
Michael Milmoe, U.S. Department of Justice, Washington, DC, for respondent.
DECISION ON JOINT STIPULATION1
Dorsey, Chief Special Master:
On May 31, 2016, petitioner 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 alleged that she suffered a shoulder injury related to vaccine
administration (“SIRVA”) in her left arm causally related to the influenza vaccination she
received on November 14, 2014. Petition at ¶¶ 1-2, 5; see also Stipulation, filed May 4,
2017, at ¶¶ 1-2, 4. Petitioner further alleged that she received the influenza vaccine in
the United States, that she suffered the effects of her injury for more than six months,
and that neither she nor any other party has filed a civil action or received compensation
for her injury, alleged as vaccine caused. Petition at ¶¶ 1, 6, 8-9; see also Stipulation at
¶¶ 3-5. “Respondent denies that the flu vaccine caused petitioner’s alleged SIRVA or
any other injury and further denies that her current disabilities are a sequela of a
vaccine-related injury.” Stipulation at ¶ 6.
1 Because this unpublished decision contains a reasoned explanation for the action in this case, the
undersigned intends to post it on the United States Court of Federal Claims' website, in accordance with
the E-Government Act of 2002. 44 U.S.C. § 3501 note (2012) (Federal Management and Promotion of
Electronic Government Services). 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, the undersigned agrees that the identified material fits
within this definition, the undersigned 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 “§” references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. §
300aa (2012).

Case 1:16-vv-00643-UNJ Document 36 Filed 12/11/17 Page 2 of 7
Nevertheless, on May 4, 2017, the parties filed the attached joint stipulation,
stating that a decision should be entered awarding compensation. 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 $85,000.00 in the form of a check payable to petitioner.
Stipulation at ¶ 8. This amount represents compensation for all items of
damages that would be available under § 15(a). Id.
The undersigned approves the requested amount for petitioner’s compensation.
In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of
the court is directed to enter judgment in accordance with this decision.3
IT IS SO ORDERED.
s/Nora Beth Dorsey
Nora Beth Dorsey
Chief Special Master
3 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

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================================================================================
DOCUMENT 2: USCOURTS-cofc-1_16-vv-00643-1
Date issued/filed: 2017-12-11
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 05/05/2017) regarding 27 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
--------------------------------------------------------------------------------
Case 1:16-vv-00643-UNJ Document 37 Filed 12/11/17 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 16-0643V
Filed: May 5, 2017
UNPUBLISHED
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
JESSICA BROOKS, *
*
Petitioner, * Joint Stipulation on Damages;
v. * Influenza (“Flu”) Vaccine;
* Shoulder Injury Related to Vaccine
SECRETARY OF HEALTH * Administration (“SIRVA”);
AND HUMAN SERVICES, * Special Processing Unit (“SPU”)
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Danielle Strait, Maglio, Christopher & Toale (WA), Seattle, WA, for petitioner.
Michael Milmoe, U.S. Department of Justice, Washington, DC, for respondent.
DECISION ON JOINT STIPULATION1
Dorsey, Chief Special Master:
On May 31, 2016, petitioner 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 alleged that she suffered a shoulder injury related to vaccine
administration (“SIRVA”) in her left arm causally related to the influenza vaccination she
received on November 14, 2014. Petition at ¶¶ 1-2, 5; see also Stipulation, filed May 4,
2017, at ¶¶ 1-2, 4. Petitioner further alleged that she received the influenza vaccine in
the United States, that she suffered the effects of her injury for more than six months,
and that neither she nor any other party has filed a civil action or received compensation
for her injury, alleged as vaccine caused. Petition at ¶¶ 1, 6, 8-9; see also Stipulation at
¶¶ 3-5. “Respondent denies that the flu vaccine caused petitioner’s alleged SIRVA or
any other injury and further denies that her current disabilities are a sequela of a
vaccine-related injury.” Stipulation at ¶ 6.
1 Because this unpublished decision contains a reasoned explanation for the action in this case, the
undersigned intends to post it on the United States Court of Federal Claims' website, in accordance with
the E-Government Act of 2002. 44 U.S.C. § 3501 note (2012) (Federal Management and Promotion of
Electronic Government Services). 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, the undersigned agrees that the identified material fits
within this definition, the undersigned 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 “§” references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. §
300aa (2012).

Case 1:16-vv-00643-UNJ Document 37 Filed 12/11/17 Page 2 of 7
Nevertheless, on May 4, 2017, the parties filed the attached joint stipulation,
stating that a decision should be entered awarding compensation. 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 $85,000.00 in the form of a check payable to petitioner.
Stipulation at ¶ 8. This amount represents compensation for all items of
damages that would be available under § 15(a). Id.
The undersigned approves the requested amount for petitioner’s compensation.
In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of
the court is directed to enter judgment in accordance with this decision.3
IT IS SO ORDERED.
s/Nora Beth Dorsey
Nora Beth Dorsey
Chief Special Master
3 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

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