VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-00344 Package ID: USCOURTS-cofc-1_17-vv-00344 Petitioner: Laura Brodbeck Filed: 2017-03-14 Decided: 2020-10-19 Vaccine: influenza Vaccination date: 2014-10-14 Condition: brachial neuritis Outcome: compensated Award amount USD: 30235 AI-assisted case summary: Laura Brodbeck filed a petition on March 14, 2017, alleging that an influenza vaccine she received on October 14, 2014, caused her to suffer from brachial neuritis. She contended that her condition was listed on the Vaccine Injury Table and that she experienced residual effects for more than six months. The respondent denied that the vaccine caused her injury. The parties subsequently filed a joint stipulation regarding the petition. Special Master Christian J. Moran reviewed the stipulation and found it reasonable, adopting it as the decision of the Court. The decision awarded Ms. Brodbeck a lump sum payment of $30,235.00, payable by check to the petitioner, as compensation for all damages. The decision was filed on October 19, 2020. The public decision does not describe the specific onset of symptoms, clinical details of the injury, diagnostic tests, treatments, or expert witnesses. Petitioner was represented by Howard S. Gold of Gold Law Firm, LLC, and respondent was represented by Dhairya D. Jani of the United States Department of Justice. Theory of causation field: Petitioner Laura Brodbeck alleged that an influenza vaccine administered on October 14, 2014, caused brachial neuritis, a condition listed on the Vaccine Injury Table, with residual effects lasting over six months. Respondent denied causation. The parties reached a stipulation, which Special Master Christian J. Moran adopted as the Court's decision on October 19, 2020. The stipulation resulted in a lump sum award of $30,235.00 for all damages. The public decision does not detail the specific mechanism of injury, expert testimony, or competing medical theories. Petitioner counsel was Howard S. Gold, and respondent counsel was Dhairya D. Jani. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_17-vv-00344-0 Date issued/filed: 2020-11-17 Pages: 2 Docket text: PUBLIC DECISION (Originally filed: 10/19/2020) regarding 79 DECISION Stipulation/Proffer. Signed by Special Master Christian J. Moran. (abs) Service on parties made. -------------------------------------------------------------------------------- Case 1:17-vv-00344-UNJ Document 83 Filed 11/17/20 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS * * * * * * * * * * * * * * * * * * * * * LAURA BRODBECK, * * No. 17-344V Petitioner, * Special Master Christian J. Moran * v. * Filed: October 19, 2020 * SECRETARY OF HEALTH * Stipulation; influenza (“flu”) vaccine; AND HUMAN SERVICES, * brachial neuritis. * Respondent. * * * * * * * * * * * * * * * * * * * * * * Howard S. Gold, Gold Law Firm, LLC, Wellesley Hills, MA, for Petitioner; Dhairya D. Jani, United States Dep’t of Justice, Washington, DC, for Respondent. UNPUBLISHED DECISION1 On October 16, 2020, the parties filed a joint stipulation concerning the petition for compensation filed by Laura Brodbeck on March 14, 2017. Petitioner alleged that influenza vaccine she received on October 14, 2014, which is contained in the Vaccine Injury Table (the “Table”), 42 C.F.R. §100.3(a), caused her to suffer from brachial neuritis. Petitioner further alleges that she suffered the residual effects of this injury for more than six months. Petitioner represents that there has been no prior award or settlement of a civil action for damages on her behalf as a result of her condition. Respondent denies that the influenza vaccine caused petitioner to suffer from brachial neuritis or any other injury. 1 The E-Government Act, 44 U.S.C. § 3501 note (2012) (Federal Management and Promotion of Electronic Government Services), 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 1:17-vv-00344-UNJ Document 83 Filed 11/17/20 Page 2 of 2 Nevertheless, the parties agree to the joint stipulation, attached hereto. The undersigned finds said stipulation reasonable and adopts it as the decision of the Court in awarding damages, on the terms set forth therein. Damages awarded in that stipulation include: A lump sum payment of $30,235.00 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). In the absence of a motion for review filed pursuant to RCFC, Appendix B, the clerk is directed to enter judgment according to this decision and the attached stipulation.2 IT IS SO ORDERED. s/Christian J. Moran Christian J. Moran Special Master 2 Pursuant to Vaccine Rule 11(a), the parties can expedite entry of judgment by each party filing a notice renouncing the right to seek review by a United States Court of Federal Claims judge. 2