VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-01803
Package ID: USCOURTS-cofc-1_17-vv-01803
Petitioner: Breunna Bingham
Filed: 2017-11-16
Decided: 2019-05-29
Vaccine: influenza
Vaccination date: 2016-11-02
Condition: left shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 82500

AI-assisted case summary:
Breunna Bingham filed a petition for compensation under the National Vaccine Injury Compensation Program on November 16, 2017, alleging she suffered a left shoulder injury related to vaccine administration (SIRVA) from an influenza vaccine received on November 2, 2016. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report conceding entitlement. The respondent concluded that petitioner suffered bursitis in her left shoulder caused by the flu vaccine and experienced sequelae for more than six months, meeting the statutory requirements for compensation. On October 22, 2018, Chief Special Master Nora Beth Dorsey issued a ruling on entitlement, finding petitioner entitled to compensation. Subsequently, on March 19, 2019, the respondent filed a proffer on award of compensation, proposing an award of $82,500.00, which the petitioner accepted. Chief Special Master Dorsey issued a decision awarding damages on May 29, 2019, granting a lump sum payment of $82,500.00, representing compensation for all damages available under the Vaccine Act. Petitioner was represented by Maximillian J. Muller of Muller Brazil, LLP, and respondent was represented by Camille Michelle Collett of the U.S. Department of Justice. The public decision does not describe the specific onset of symptoms, medical tests performed, or treatments received. The theory of causation is based on a Table injury.

Theory of causation field:
Petitioner Breunna Bingham received an influenza vaccine on November 2, 2016, and subsequently alleged a left shoulder injury related to vaccine administration (SIRVA). The respondent conceded entitlement, concluding that petitioner suffered bursitis in her left shoulder caused by the flu vaccine and experienced sequelae for more than six months. This falls under a "Table" injury. The public text does not name specific medical experts or detail the mechanism of injury beyond the general description of SIRVA. Petitioner was awarded $82,500.00 as a lump sum payment for all damages. The ruling on entitlement was issued on October 22, 2018, and the decision awarding damages was issued on May 29, 2019, by Chief Special Master Nora Beth Dorsey. Petitioner's counsel was Maximillian J. Muller, and respondent's counsel was Camille Michelle Collett.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_17-vv-01803-0
Date issued/filed: 2018-12-12
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 10/22/2018) regarding 24 Ruling on Entitlement ( Signed by Chief Special Master Nora Beth Dorsey. )(mpj) Service on parties made.
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Case 1:17-vv-01803-UNJ Document 30 Filed 12/12/18 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-1803V
Filed: October 22, 2018
UNPUBLISHED
BREUNNA BINGHAM,
Petitioner, Special Processing Unit (SPU);
v. Ruling on Entitlement; Concession;
Table Injury; Influenza (Flu) Vaccine;
SECRETARY OF HEALTH Shoulder Injury Related to Vaccine
AND HUMAN SERVICES, Administration (SIRVA)
Respondent.
Maximillian J. Muller, Muller Brazil, LLP, Dresher, PA, for petitioner.
Camille Michelle Collett, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
Dorsey, Chief Special Master:
On November 16, 2017, Breunna Bingham (“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 alleges that she suffered a left
shoulder injury related to vaccine administration (“SIRVA”) as a result of an influenza
(“flu”) vaccine she received on November 2, 2016. Petition at 1. The case was
assigned to the Special Processing Unit of the Office of Special Masters.
1 The undersigned intends to post this ruling on the United States Court of Federal Claims' website. This
means the ruling 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, the undersigned
agrees that the identified material fits within this definition, the undersigned will redact such material from
public access. Because this unpublished ruling contains a reasoned explanation for the action in this
case, undersigned is required 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).
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 1:17-vv-01803-UNJ Document 30 Filed 12/12/18 Page 2 of 2
On October 22, 2018, respondent filed his Rule 4(c) report in which he concedes
that petitioner is entitled to compensation in this case. Respondent’s Rule 4(c) Report
at 1. Specifically, respondent states that “DICP has concluded that petitioner suffered
bursitis in her left shoulder, and that it was caused-in-fact by the flu vaccine she received on
November 2, 2016. DICP has also concluded that the records show that petitioner suffered
the sequelae of her injury for more than six months.” Id. at 5. Respondent further agrees
that “petitioner has met the statutory requirements for entitlement to compensation”. Id.
In view of respondent’s position and the evidence of record, the
undersigned finds that petitioner is entitled to compensation.
IT IS SO ORDERED.
s/Nora Beth Dorsey
Nora Beth Dorsey
Chief Special Master

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DOCUMENT 2: USCOURTS-cofc-1_17-vv-01803-1
Date issued/filed: 2019-05-29
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 03/19/2019) regarding 36 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey. )(mpj) Service on parties made.
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Case 1:17-vv-01803-UNJ Document 45 Filed 05/29/19 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-1803V
Filed: March 19, 2019
UNPUBLISHED
BREUNNA BINGHAM,
Petitioner,
Special Processing Unit (SPU);
v.
Damages Decision Based on Proffer;
Influenza (Flu) Vaccine; Shoulder
SECRETARY OF HEALTH
Injury Related to Vaccine
AND HUMAN SERVICES,
Administration (SIRVA)
Respondent.
Maximillian J. Muller, Muller Brazil, LLP, Dresher, PA, for petitioner.
Camille Michelle Collett, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
Dorsey, Chief Special Master:
On November 16, 2017, Breunna Bingham (“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 alleges that she suffered a left
shoulder injury related to vaccine administration (“SIRVA”) as a result of an influenza
(“flu”) vaccine she received on November 2, 2016. Petition at 1. The case was
assigned to the Special Processing Unit of the Office of Special Masters.
On October 22, 2018, a ruling on entitlement was issued, finding petitioner
entitled to compensation for SIRVA. On March 19, 2019, respondent filed a proffer on
award of compensation (“Proffer”) indicating petitioner should be awarded $82,500.00.
1 The undersigned intends to post this decision on the United States Court of Federal Claims' website.
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, the
undersigned agrees that the identified material fits within this definition, the undersigned will redact such
material from public access. Because this unpublished decision contains a reasoned explanation for the
action in this case, undersigned is required 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).
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 1:17-vv-01803-UNJ Document 45 Filed 05/29/19 Page 2 of 4
Proffer at 1. In the Proffer, respondent represented that petitioner agrees with the
proffered award. Id. Based on the record as a whole, the undersigned finds that
petitioner is entitled to an award as stated in the Proffer.
Pursuant to the terms stated in the attached Proffer, the undersigned awards
petitioner a lump sum payment of $82,500.00, in the form of a check payable to
petitioner, Breunna Bingham. This amount represents compensation for all damages
that would be available under § 15(a).
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

Case 1:17-vv-01803-UNJ Document 45 Filed 05/29/19 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
BREUNNA BINGHAM, )
)
Petitioner, ) No. 17-1803V
) Chief Special Master
v. ) Nora Beth Dorsey
) ECF
)
SECRETARY OF HEALTH )
AND HUMAN SERVICES, )
)
Respondent. )
)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On October 22, 2018, respondent filed her Rule 4(c) Report, in which she
conceded entitlement. On October 22, 2018, the Court issued a Ruling on Entitlement,
finding that petitioner is entitled to compensation for her left shoulder injury. Based on
the evidence in the record, respondent proffers that petitioner receive an award of a lump
sum of $82,500.00 in the form of a check payable to petitioner. This amount represents
compensation for all elements of compensation under 42 U.S.C. § 300aa-15(a) to which
petitioner is entitled.1 Petitioner agrees. This proffer does not address final attorneys’
fees and litigation costs. Petitioner is additionally entitled to reasonable attorneys’ fees
and litigation costs, to be determined at a later date upon petitioner submitting
substantiating documentation.
Petitioner is a competent adult. Evidence of guardianship is not required in this
case.
1 Should petitioner die prior to the entry of judgment, the parties reserve the right to move
the Court for appropriate relief. In particular, respondent would oppose any award for
future medical expenses, future lost earnings, and future pain and suffering.

Case 1:17-vv-01803-UNJ Document 45 Filed 05/29/19 Page 4 of 4
Respectfully submitted,
JOSEPH H. HUNT
Assistant Attorney General
C. SALVATORE D’ALESSIO
Acting Director
Torts Branch, Civil Division
CATHARINE E. REEVES
Deputy Director
Torts Branch, Civil Division
HEATHER L. PEARLMAN
Assistant Director
Torts Branch, Civil Division
s/Camille M. Collett
CAMILLE M. COLLETT
Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146
Benjamin Franklin Station
Washington, D.C. 20044-0146
Telephone: (202) 616-4098
Dated: March 19, 2019