VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_18-vv-01691
Package ID: USCOURTS-cofc-1_18-vv-01691
Petitioner: Kimberly Duke
Filed: 2018-11-01
Decided: 2021-10-27
Vaccine: influenza
Vaccination date: 2017-09-23
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 45000

AI-assisted case summary:
On November 1, 2018, Kimberly Duke filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she suffered a shoulder injury related to vaccine administration (SIRVA) caused by the influenza vaccine she received on September 23, 2017. The respondent denied that Ms. Duke sustained a SIRVA Table injury, denied that the flu vaccine caused her alleged shoulder injury or any other injury, and denied that her current condition was a sequelae of a vaccine-related injury. Despite these denials, the parties filed a joint stipulation on February 2, 2021, agreeing to an award of compensation. Chief Special Master Brian H. Corcoran reviewed the stipulation, found it reasonable, and adopted it as the decision awarding damages. Ms. Duke was awarded a lump sum of $45,000.00, payable by check to Petitioner, as compensation for all items of damages available under Section 15(a). The decision does not describe the onset of symptoms, specific clinical details of the injury, diagnostic tests performed, or treatments received. Petitioner was represented by Gil L. Daley, II, and respondent was represented by Ronalda Elnetta Kosh.

Theory of causation field:
Petitioner Kimberly Duke alleged a shoulder injury related to vaccine administration (SIRVA) caused-in-fact by an influenza vaccine received on September 23, 2017. Respondent denied a SIRVA Table injury and causation. The parties filed a joint stipulation for compensation, which was adopted by Chief Special Master Brian H. Corcoran. The stipulation resulted in an award of $45,000.00. The public decision does not specify the theory of causation, medical experts, or detailed medical evidence presented, other than the general allegation of SIRVA. The case was resolved via stipulation rather than litigation on the merits of causation.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_18-vv-01691-0
Date issued/filed: 2021-10-27
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 02/02/2021) regarding 48 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:18-vv-01691-UNJ Document 55 Filed 10/27/21 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 18-1691V
UNPUBLISHED
KIMBERLY DUKE, Chief Special Master Corcoran
Petitioner, Filed: February 2, 2021
v.
Special Processing Unit (SPU); Joint
SECRETARY OF HEALTH AND Stipulation on Damages; Influenza
HUMAN SERVICES, (Flu) Vaccine; Shoulder Injury
Related to Vaccine Administration
Respondent. (SIRVA)
Gil L. Daley, II, Law Office of Gil. L. Daley, II, P.C., Fort Worth, TX, for petitioner.
Ronalda Elnetta Kosh, U.S. Department of Justice, Washington, DC, for respondent.
DECISION ON JOINT STIPULATION1
On November 1, 2018, Kimberly Duke 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 caused-in-fact by the
influenza vaccine she received on September 23, 2017. Petition at 1, ¶ 1; Stipulation, filed
at Feb. 2, 2021, ¶¶ 1-2, 4. “Respondent denies that [P]etitioner sustained a SIRVA Table
injury; denies that the flu vaccine caused [P]etitioner’s alleged shoulder injury, or any
other injury; and denies that her current condition is a sequelae of a vaccine-related
injury.” Stipulation at ¶ 6.
Nevertheless, on February 2, 2021, 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.
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-01691-UNJ Document 55 Filed 10/27/21 Page 2 of 7
Pursuant to the terms stated in the attached Stipulation, I award the following
compensation:
A lump sum of $45,000.00 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 Section 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

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