VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_18-vv-01145
Package ID: USCOURTS-cofc-1_18-vv-01145
Petitioner: Donna Blackwell
Filed: 2018-08-06
Decided: 2020-06-02
Vaccine: influenza
Vaccination date: 2017-10-04
Condition: Shoulder Injury Related to Vaccine Administration (SIRVA), Parsonage Turner Syndrome, and/or brachial neuritis
Outcome: compensated
Award amount USD: 125000

AI-assisted case summary:
Donna Blackwell filed a petition for compensation under the National Vaccine Injury Compensation Program on August 6, 2018. She alleged that she suffered a Shoulder Injury Related to Vaccine Administration (SIRVA), Parsonage Turner Syndrome, and/or brachial neuritis as a result of an influenza vaccination she received on October 4, 2017. The respondent denied that Ms. Blackwell sustained a SIRVA Table injury and denied that the influenza vaccine caused her alleged conditions. Despite these denials, the parties filed a joint stipulation on April 29, 2020, agreeing to settle the case. Chief Special Master Brian H. Corcoran adopted the stipulation as the decision awarding damages. Ms. Blackwell was awarded a lump sum of $125,000.00, payable to her, representing compensation for all items of damages. This award was based on the stipulation of settlement. The decision does not describe the specific onset of symptoms, medical tests, or treatments. Petitioner was represented by Michael G. McLaren of Black McLaren Jones Ryland & Griffee, P.C., and respondent was represented by Traci R. Patton of the U.S. Department of Justice.

Theory of causation field:
Petitioner Donna Blackwell received an influenza vaccine on October 4, 2017, and subsequently filed a petition alleging Shoulder Injury Related to Vaccine Administration (SIRVA), Parsonage Turner Syndrome, and/or brachial neuritis. Respondent denied a SIRVA Table injury and denied that the vaccine caused the alleged conditions. The parties reached a joint stipulation to settle the case, and Chief Special Master Brian H. Corcoran adopted the stipulation. Petitioner was awarded $125,000.00 as a lump sum. The stipulation states that the parties maintain their positions regarding liability and causation but agree to settlement. The public decision does not detail the specific medical mechanism of injury, expert testimony, or clinical findings supporting either party's position, as the case was resolved via stipulation. The theory of causation is based on the Vaccine Injury Table for SIRVA, though respondent contested this. Petitioner was represented by Michael G. McLaren, and respondent by Traci R. Patton. The decision date was June 2, 2020.

Public staged source text:

================================================================================
DOCUMENT 1: USCOURTS-cofc-1_18-vv-01145-0
Date issued/filed: 2020-06-02
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 05/01/2020) regarding 39 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
--------------------------------------------------------------------------------
Case 1:18-vv-01145-UNJ Document 43 Filed 06/02/20 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 18-1145V
UNPUBLISHED
DONNA BLACKWELL, Chief Special Master Corcoran
Petitioner, Filed: May 1, 2020
v.
SECRETARY OF HEALTH AND Special Processing Unit (SPU); Joint
HUMAN SERVICES, Stipulation on Damages; Influenza
(Flu) Vaccine; Shoulder Injury
Respondent. Related to Vaccine Administration
(SIRVA); Parsonage Turner
Syndrome; Brachial Neuritis
Michael G. McLaren, Black McLaren Jones Ryland & Griffee, P.C., Memphis, TN, for
petitioner.
Traci R. Patton, U.S. Department of Justice, Washington, DC, for respondent.
DECISION ON JOINT STIPULATION1
On August 6, 2018, Donna Blackwell 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), Parsonage Turner Syndrome, and/or brachial neuritis
as a result of her October 4, 2017 influneza (“flu”) vaccination. Petition at 1; Stipulation,
filed April 29, 2020, 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. Stipulation at ¶¶ 3-5; see Petition at ¶2, 15-
16. “Respondent denies that petitioner sustained a SIRVA Table injury and further
1 Because this unpublished decision contains a reasoned explanation for the action in this case, I am
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). 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, I agree that the identified material fits within this definition, I will redact such
material 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-01145-UNJ Document 43 Filed 06/02/20 Page 2 of 7
denies that petitioner’s influneza vaccine caused Parsonage Turner syndrome, brachial
neuritis, or any other injury or condition.” Stipulation at ¶ 6.
Nevertheless, on April 29, 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 my decision 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 $125,000.00 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.
I approve 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/Brian H. Corcoran
Brian H. Corcoran
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-01145-UNJ Document 43 Filed 06/02/20 Page 3 of 7
IN THE UNITED STATES COURT OF FEDERAL CLAll\lS
OFFICE OF SPECIAL MASTERS
)
DONNA BLACK WELL.
)
)
Petitioner.
) No. 18-114SV
V.
) Chief Special Master Corcoran
ECF
SECRETARY OF HEALTH AND HUMAN )
SERVICES. ~
______________
Respondent. )
)
STIPUI.ATION
The parties hereby stipulate to the following matters:
I. Petitioner. Donna Blackwell. filed a petition for vaccine compensation under the
National Vaccine Injury Compensation Program, 42 U.S.C. § 300aa-10 to 34 (the ··Vaccine
Program"). The petition seeks compensation for injuries allegedly related to petitioner's receipt
of the influenza vaccine. which is contained in the Vaccine Injury Table (the ··Table''). 42 C.F.R.
~ 100 .., (a).
2. Petitioner recei\'ed an influenza immunization on October 4. 2017.
3. The vaccine was administered within the United States.
4. Petitioner alleges that as a result of the influenza vaccine she suffered "a shoulikr
injury related to vaccination. or 'SIRVA.' Parsonage Turner Syndrome, and/or brachial neuritis."
Petitioner further alleges that she experienced residual effects of her condition for more than six
months.
5. Petitioner represents that there has been no prior award or senlemcnt of a civil action
for damages on her behalf as a result of her injuries.

Case 1:18-vv-01145-UNJ Document 43 Filed 06/02/20 Page 4 of 7
6. Hl·spondcnt lknil'S that [K'lilioner sus1ainl.'d a SIRVA !"able injury and further dl.'nics
that pl·titilincr·s inl111c111a vaccinl.' cmsed Parsonage l'llntl'f s~ ndromc. brachia! lll't1ri1is. or an~
other i1~jur~ llr l'011dilil111.
7. l\lai11taini11~ their abon~-stall.'d positil1ns. the parties nevcrrhdess now :-igrcl.' that thl'
iss1u.:s betwel.'n them shall hc scttkd and that a (kdsi(1n should be cntcrcd ,\\\ardinl,! lhl•
ciimpcnsation ,icsnilwd in paragraph S of this Sti1>11lation.
S. :\s s,1on as pr:Kticahk alier an entry ofjudgllll'llt fl'llecting a derision l'On:-isll.'llt ,, ith
th,: tl·m1s 1..1f this Stip11la1ion. and :tiler petitioner has tikd an ekc1ion 10 receiw compcns:ui,)n
pursuant to ,I~ U.S.C. § .'00aa-: 1( a)( I). the Seact.try of l lealth :1ml I luman Sen kcs ,, ill issue
th1..• folhming ,accinc i:ompl'IISntion pay1m•nt:
:\ lump sum of $125.000.00 in thl' fimn of a chcck payable 10 pctililint•r. rhis
,1111011111 l'Cpr1..•scnts n1111pe11sation l1ir .ill d:m1.1ges that "ould be ,I\ ailnblt• lllllkr -t 2
ll .S.C. ~ .-ooaa-1: -(a).
'>. :\s SllOll as practicahk alkr th\.· entry ofjmlgmcnt l\11 \.'ntilkllll'llt in this l'ast•. and alkr
Jll'titi1lll\.'r has likd hmh a Jlrllper and tim\.'ly ekction to recciw l'lllll!)l'llsation pursuant 111
*
.J::'. I J.S.l '. :lOO;m-] l(a)( I). and an applic:1tio11. th1..• partil'S will submit lo further prnl·t·l•dings
up,111 1his 1wtition.
Stal1.' h1..·al1h hcndit~ JlfO!!rillllS (lllhl'I' 1hm1 I itk \I:\ ,it' th1.• s,,dal sl'1.·urit~ .\1.·t l•I ~ l l.S.l'.

Case 1:18-vv-01145-UNJ Document 43 Filed 06/02/20 Page 5 of 7
11. Payment made pursuant to paragraph 8 of this Stipulation and any amounts awarded
pursuant to paragraph 9 of this Stipulation will be made in accordance with 42 U.S.C. § 300aa-
15(i), subject to the availability of sufficient statutory funds.
12. The parties and their attorneys further agree and stipulate that, except for any award
for anomeys· fees and litigation costs. and past unreimbursed expenses, the money provided
pursuant to this Stipulation will be used solely for the benefit of petitioner as contemplated by a
strict construction of 42 U.S.C. § 300aa-l 5(a) and (d), and subject to the conditions of 42 U.S.C.
*
300aa-I S(g) and (h).
13. In return for the payments described in paragraphs 8 and 9. petitioner. in her
individual capacity. and on behalf of her heirs. executors, administrators. successors or assigns.
does fore\'er irrevocably and unconditionally release, acquit and discharge the United States and
the Secretary of Health and Hwnan Services from any and all actions or causes of action
(including agreements. judgments. claims. damages, loss of services. expenses and all demands
of whatever kind or nature) that have been brought. could have been brought. or could he timcl)
brought in the Court of Federal Claims. under the National Vaccine Injury Compensation
Program. 42 U.S.C. § 300aa-10 ct seq .. on account of. or in any way growing out of. any and all
known or unknown, suspected or unsuspected personal injuries to or death of petitioner resulting
from. or alleged to have resulted from. the innuenza vaccination administered on October 4.
2017, as alleged by petitioner in a petition for vaccine compensation filed 011 or about August 6.
2018, in the United States Coun of Federal Claims as petition No. 18-1145V.
14. If petitioner should die prior to entry of judgment. this agreement shall be voidable
upon proper notice to the Court on behalf of either or both of the parties.
3

Case 1:18-vv-01145-UNJ Document 43 Filed 06/02/20 Page 6 of 7
15. If the special master fails to issue a decision in complete conformity with the tenns
of this Stipulation or if the Court of Federal Claims fails to enter judgment in conformity with a
decision that is in complete confom1ity with the tenns of this Stipulation. then the parties'
settlement and this Stipulation shall be voidable at the sole discretion of either party.
16. This Stipulation expresses a full and complete negotiated senlement of liability and
damages claimed under the National Childhood Vaccine Injury Act of 1986, as amended, except
as otherwise noted in paragraph 9 above. There is absolutely no agreement on the part of the
parties hereto to make any payment or to do any act or thing other than is herein expressly stated
and clearly agreed to. The parties further agree and understand that the award described in this
Stipulation may reflect a compromise of the parties· respective positions as to liability and/or
amount of damages. and further, that a change in the nature of the injury or condition or in the
items of compensation sought. is not grounds to modify or revise this agreement.
17. This Stipulation shall not be construed as an admission by the United States or the
Secretary of Health and Human Services that the influenza vaccine caused petitioner 10 develop a
shoulder injury. Parsonage Turner syndrome, brachia) neuritis. or any other injury or condition.
18. All rights and obligations of petitioner hereunder shall apply equally to petitioner's
heirs, executors. administrators. successors. and/or assigns.
END OF STIPULATION
I
I
I
I
I
I
I
I
I
I
4

Case 1:18-vv-01145-UNJ Document 43 Filed 06/02/20 Page 7 of 7
Respectfully submitted,
PETITIONER:
~~K'~dcwtU
___ _
ATTORNEY OF RECORD FOR AUTHORIZED REPRSENT ATIVE
PETITIONER: OF THE ATTORNEY GENERAL:
'[_).
li:f
~1:~~
~ ELG Mel R~
BLACK McLAREN JONES RYLAND . Deputy Director
& GRIFFEE, P.C. Torts Branch
530 Oak Court Drive. Suite 360 Civil Division
Memphis. TN 38117 U.S. Department of Justice
(901) 762-0535 P.O. Box 146
Benjamin Franklin Station
Washington. DC 20044-0146
AUTHORIZED REPRESENTATIVE ATTORNEY OF RECORD l•OR
OF THE SECRETA RY OF HEALT H RESPONDENT:
AND HUMAN SERVICES: ---fll.G-c_,;_
fl f ~
° ) ~ ~
TAMARA OVERBY TRACI R. PATfON
Acting Director, Division of Injury Senior Trial Attorney
Compensation Programs Torts Branch
Healthcare Systems Bureau Civil Division
U.S. Department of Health U.S. Department of Justice
and Human Services P.O. Box 146
5600 Fishers Lane Benjamin Franklin Station
Parklawn Building. Mail Stop I IC-26 Washington. DC 20044-0146
Rockville. MD 20857 Tel: (202) 353-1589
_tf- /JAJ
Dated: U
5