VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_18-vv-00566 Package ID: USCOURTS-cofc-1_18-vv-00566 Petitioner: Debra Brackeen Filed: 2018-04-19 Decided: 2019-08-14 Vaccine: influenza Vaccination date: 2016-10-05 Condition: shoulder injury related to vaccine administration Outcome: compensated Award amount USD: 60114 AI-assisted case summary: Debra Brackeen filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccination on October 5, 2016. She claimed the residual effects of her condition lasted for more than six months and that she had not received any prior award or settlement for this injury. Respondent denied that the flu vaccine caused her alleged left shoulder injuries or any other condition. Despite the denial, the parties filed a joint stipulation agreeing that compensation should be awarded. The Chief Special Master found the stipulation reasonable and adopted it as the decision of the Court. Ms. Brackeen was awarded a lump sum of $60,114.00, representing compensation for all items of damages available under the Vaccine Act. This award was to be paid in the form of a check payable to Ms. Brackeen. Theory of causation field: unclear Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_18-vv-00566-0 Date issued/filed: 2019-08-14 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 06/04/2019) regarding 36 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey. )(mpj) Service on parties made. -------------------------------------------------------------------------------- Case 1:18-vv-00566-UNJ Document 46 Filed 08/14/19 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 18-0566V Filed: June 4, 2019 UNPUBLISHED DEBRA BRACKEEN, Petitioner, Special Processing Unit (SPU); Joint v. Stipulation on Damages; Influenza (Flu) Vaccine; Shoulder Injury SECRETARY OF HEALTH AND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. Bridget Candace McCullough, Muller Brazil, LLP, Dresher, PA, for petitioner. Lara Ann Englund, U.S. Department of Justice, Washington, DC, for respondent. DECISION ON JOINT STIPULATION1 Dorsey, Chief Special Master: On April 19, 2018, 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”) following receipt of her October 5, 2016 influenza vaccination. Petition at 1; Stipulation, filed June 3, 2019, at ¶¶ 2, 4. Petitioner further alleges she experienced the residual effects of her condition for more than six months and that there has been no prior award or settlement of a civil action for damages on her behalf as a result of her condition. Petition at 4; Stipulation at ¶¶ 4, 5. “Respondent denies that the flu vaccine is the cause of petitioner’s alleged left shoulder injuries 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 1:18-vv-00566-UNJ Document 46 Filed 08/14/19 Page 2 of 7 Nevertheless, on June 3, 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 $60,114.00 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 1:18-vv-00566-UNJ Document 46 Filed 08/14/19 Page 3 of 7 Case 1:18-vv-00566-UNJ Document 46 Filed 08/14/19 Page 4 of 7 Case 1:18-vv-00566-UNJ Document 46 Filed 08/14/19 Page 5 of 7 Case 1:18-vv-00566-UNJ Document 46 Filed 08/14/19 Page 6 of 7 Case 1:18-vv-00566-UNJ Document 46 Filed 08/14/19 Page 7 of 7