VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-01845
Package ID: USCOURTS-cofc-1_17-vv-01845
Petitioner: Louise Brinskelle
Filed: 2017-11-28
Decided: 2019-09-18
Vaccine: influenza
Vaccination date: 2016-10-28
Condition: Shoulder Injury Related to Vaccine Administration (SIRVA)
Outcome: compensated
Award amount USD: 85000

AI-assisted case summary:
Louise Brinskelle filed a petition for compensation under the National Vaccine Injury Compensation Program on November 28, 2017. She alleged that she suffered a Shoulder Injury Related to Vaccine Administration (SIRVA) as a result of an influenza vaccination she received on October 28, 2016. Ms. Brinskelle stated that the vaccine was administered in the United States and that she experienced residual effects from her injury for more than six months. She also affirmed that she had not received a prior award or settlement for this injury. The respondent, the Secretary of Health and Human Services, denied that Ms. Brinskelle suffered a "Table injury" and denied that the influenza vaccine caused her alleged shoulder injury or any other condition. However, on June 28, 2019, the parties submitted a joint stipulation agreeing that compensation should be awarded. Chief Special Master Nora Beth Dorsey reviewed the stipulation, found it reasonable, and adopted it as the decision of the Court. Ms. Brinskelle was awarded a lump sum of $85,000.00, payable by check to the petitioner, as compensation for all items of damages. The decision was issued on September 18, 2019. Petitioner was represented by Jeffrey S. Pop of Jeffrey S. Pop & Associates, and respondent was represented by Heather Lynn Pearlman of the U.S. Department of Justice.

Theory of causation field:
Petitioner Louise Brinskelle alleged a Shoulder Injury Related to Vaccine Administration (SIRVA) following an influenza vaccination on October 28, 2016. Respondent denied a "Table injury" and causation. The parties filed a joint stipulation on June 28, 2019, agreeing to an award. Chief Special Master Nora Beth Dorsey adopted the stipulation, awarding $85,000.00 as a lump sum. The public decision does not detail the specific medical mechanism, expert testimony, or the basis for the stipulation beyond the parties' agreement. The case was decided based on a stipulation, not a finding of fact or law regarding causation. Attorneys involved were Jeffrey S. Pop for the petitioner and Heather Lynn Pearlman for the respondent. The decision date was September 18, 2019.

Public staged source text:

================================================================================
DOCUMENT 1: USCOURTS-cofc-1_17-vv-01845-0
Date issued/filed: 2019-09-18
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 06/28/2019) regarding 35 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey. )(mpj) Service on parties made.
--------------------------------------------------------------------------------
Case 1:17-vv-01845-UNJ Document 44 Filed 09/18/19 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-1845V
Filed: June 28, 2019
UNPUBLISHED
LOUISE BRINSKELLE,
Petitioner,
Special Processing Unit (SPU); Joint
v.
Stipulation on Damages; Influenza
(Flu) Vaccine; Shoulder Injury
SECRETARY OF HEALTH AND
Related to Vaccine Administration
HUMAN SERVICES,
(SIRVA)
Respondent.
Jeffrey S. Pop, Jeffrey S. Pop & Associates, Beverly Hills, CA, for petitioner.
Heather Lynn Pearlman, U.S. Department of Justice, Washington, DC, for respondent.
DECISION ON JOINT STIPULATION1
Dorsey, Chief Special Master:
On November 28, 2017, 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 Shoulder Injury Related to
Vaccine Administration (“SIRVA”) as a result of her October 28, 2016 influenza (“flu”)
vaccination. Petition at 1; Stipulation, filed June 28, 2019, at ¶¶ 2, 4. Petitioner further
alleges that the vaccine was administered within the United States, that she suffered the
residual effects of her injury for more than six months, and that there has been no prior
award or settlement of a civil action on her behalf as a result of her injury. Petition at ¶¶
20, 22; Stipulation at ¶¶ 3-5. “Respondent denies that petitioner suffered a Table injury,
and denies that the influenza immunization caused petitioner’s alleged shoulder injury
or any other injury or her current condition. ” Stipulation at ¶ 6.
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-01845-UNJ Document 44 Filed 09/18/19 Page 2 of 7
Nevertheless, on June 28, 2019, 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.
Pursuant to the terms stated in the attached Stipulation, the undersigned
awards 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

Case 1:17-vv-01845-UNJ Document 44 Filed 09/18/19 Page 3 of 7

Case 1:17-vv-01845-UNJ Document 44 Filed 09/18/19 Page 4 of 7

Case 1:17-vv-01845-UNJ Document 44 Filed 09/18/19 Page 5 of 7

Case 1:17-vv-01845-UNJ Document 44 Filed 09/18/19 Page 6 of 7

Case 1:17-vv-01845-UNJ Document 44 Filed 09/18/19 Page 7 of 7