VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_18-vv-00890 Package ID: USCOURTS-cofc-1_18-vv-00890 Petitioner: Daniel E. Bragg Filed: 2018-06-22 Decided: 2021-01-22 Vaccine: influenza Vaccination date: 2017-09-28 Condition: Shoulder Injury Related to Vaccine Administration (SIRVA) Outcome: compensated Award amount USD: 126539 AI-assisted case summary: Daniel E. Bragg filed a petition on June 22, 2018, seeking compensation under the National Vaccine Injury Compensation Program. He alleged that he suffered a Shoulder Injury Related to Vaccine Administration (SIRVA) as a result of receiving the influenza vaccine on September 28, 2017. Mr. Bragg further stated that he had not received any prior award or settlement from a civil action for damages related to his condition. The respondent, the Secretary of Health and Human Services, denied that Mr. Bragg's alleged SIRVA began within the timeframe specified by the Vaccine Injury Table, denied that the flu vaccine caused his shoulder injury or any other injury, and denied that his current disabilities were a sequela of a vaccine-related injury. Despite these denials, the parties filed a joint stipulation for damages on December 28, 2020. Special Master Daniel T. Horner reviewed the stipulation and found it reasonable, adopting it as the decision of the Court. Pursuant to the stipulation, Mr. Bragg was awarded a lump sum of $126,539.18, payable by check to the petitioner. This amount was intended to compensate for all items of damages available under the Vaccine Act. The decision was entered on January 22, 2021. The public decision does not describe the specific onset of symptoms, clinical details of the injury, diagnostic tests performed, treatments received, or the names of any medical experts consulted by either party. Petitioner was represented by Jimmy A. Zgheib of Zgheib Sayad, P.C., and respondent was represented by Mallori Browne Openchowski of the U.S. Department of Justice. Theory of causation field: Petitioner Daniel E. Bragg alleged a Shoulder Injury Related to Vaccine Administration (SIRVA) following an influenza vaccine administered on September 28, 2017. Respondent denied that the SIRVA onset occurred within the Table timeframe and denied that the flu vaccine caused the alleged injury. The parties reached a joint stipulation for damages, and Special Master Daniel T. Horner awarded petitioner $126,539.18 as a lump sum, representing compensation for all damages available under the Vaccine Act. The public decision does not specify the medical mechanism of injury, name any experts, or detail the evidence considered beyond the joint stipulation. The case falls under the "Table" category for causation. Petitioner was represented by Jimmy A. Zgheib, and respondent by Mallori Browne Openchowski. The decision was entered on January 22, 2021, based on a stipulation filed December 28, 2020. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_18-vv-00890-0 Date issued/filed: 2021-01-22 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 12/28/2020) regarding 52 DECISION Stipulation/Proffer. Signed by Special Master Daniel T. Horner. (et) Service on parties made. -------------------------------------------------------------------------------- Case 1:18-vv-00890-UNJ Document 56 Filed 01/22/21 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 18-890V Filed: December 28, 2020 UNPUBLISHED DANIEL E. BRAGG, Petitioner, Joint Stipulation on Damages; v. Influenza (Flu) Vaccine; Shoulder Injury Related to Vaccine SECRETARY OF HEALTH AND Administration (SIRVA) HUMAN SERVICES, Respondent. Jimmy A. Zgheib, Zgheib Sayad, P.C., White Plains, NY,, for petitioner. Mallori Browne Openchowski, U.S. Department of Justice, Washington, DC, for respondent. DECISION ON JOINT STIPULATION1 On June 22, 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 he suffered a Shoulder Injury Related to Vaccine Administration (“SIRVA”) as a result of his receipt of the flu vaccine on September 28, 2017. Petition at 1, 5; Stipulation, filed December 28, 2020, at ¶¶ 1-4. Petitioner further alleges that there has been no prior award or settlement of a civil action for damages on his behalf as a result of his condition. Petition at 5; Stipulation at ¶¶ 5. “Respondent denies that petitioner suffered the onset of his alleged SIRVA within the Table timeframe; denies that the flu vaccine caused petitioner’s alleged shoulder injury or any other injury and further denies that his current disabilities are a sequela of a vaccine- related injury. ” Stipulation at ¶ 6. 1 Because this decision contains a reasoned explanation for the special master’s action in this case, it will be posted on the United States Court of Federal Claims’ website in accordance with the E-Government Act of 2002. See 44 U.S.C. § 3501 note (2012) (Federal Management and Promotion of Electronic Government Services). 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 the special master, upon review, agrees that the identified material fits within this definition, it will be redacted 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 1:18-vv-00890-UNJ Document 56 Filed 01/22/21 Page 2 of 7 Nevertheless, on December 28, 2020, the parties filed the attached joint stipulation, stating that a decision should be entered awarding compensation. I find the stipulation reasonable and adopt 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, I award the following compensation: A lump sum of $126,539.18 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. 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/Daniel T. Horner Daniel T. Horner 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-00890-UNJ Document 56 Filed 01/22/21 Page 3 of 7 Case 1:18-vv-00890-UNJ Document 56 Filed 01/22/21 Page 4 of 7 Case 1:18-vv-00890-UNJ Document 56 Filed 01/22/21 Page 5 of 7 Case 1:18-vv-00890-UNJ Document 56 Filed 01/22/21 Page 6 of 7 Case 1:18-vv-00890-UNJ Document 56 Filed 01/22/21 Page 7 of 7