VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_19-vv-00175
Package ID: USCOURTS-cofc-1_19-vv-00175
Petitioner: Bonnie Locke
Filed: 2019-01-31
Decided: 2022-08-09
Vaccine: influenza
Vaccination date: 2016-11-26
Condition: right shoulder injuries related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 76650

AI-assisted case summary:
Bonnie Locke filed a petition for vaccine compensation on January 31, 2019, alleging she suffered right shoulder injuries related to vaccine administration (SIRVA) from an influenza vaccination received on November 26, 2016. She claimed the injury lasted more than six months. Respondent denied that petitioner sustained a SIRVA Table injury or that the vaccine caused her injuries. Despite these positions, the parties filed a joint stipulation on July 7, 2022, agreeing to settle the case. Chief Special Master Brian H. Corcoran adopted the stipulation as the court's decision. The award included a lump sum of $76,650.00, payable to Petitioner, as compensation for all damages. Petitioner was represented by Amy A. Senerth of Muller Brazil, LLP, and Respondent was represented by Colleen Clemons Hartley of the U.S. Department of Justice.

Theory of causation field:
Petitioner Bonnie Locke received an influenza vaccine on November 26, 2016, and alleged a Shoulder Injury Related to Vaccine Administration (SIRVA) that lasted more than six months. Respondent denied a SIRVA Table injury or that the vaccine caused the alleged shoulder injuries. The parties filed a joint stipulation agreeing to settle the case, and Chief Special Master Brian H. Corcoran adopted the stipulation. The decision does not detail the specific medical mechanism, expert testimony, or clinical findings supporting either party's position. The settlement resulted in an award of $76,650.00 to Petitioner for all damages. Petitioner was represented by Amy A. Senerth, and Respondent was represented by Colleen Clemons Hartley. The decision was issued on August 9, 2022.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_19-vv-00175-0
Date issued/filed: 2022-08-09
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 07/07/2022) regarding 51 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (nh) Service on parties made.
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Case 1:19-vv-00175-UNJ Document 57 Filed 08/09/22 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 19-175V
UNPUBLISHED
BONNIE LOCKE, Chief Special Master Corcoran
Petitioner, Filed: July 7, 2022
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)
Amy A. Senerth, Muller Brazil, LLP, Dresher, PA, for Petitioner.
Colleen Clemons Hartley, U.S. Department of Justice, Washington, DC, for
Respondent.
DECISION ON JOINT STIPULATION1
On January 31, 2019, Bonnie Locke 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 right shoulder injuries related to
vaccine administration (SIRVA) as a result of an influenza vaccination received on
November 26, 2016. Petition at 1; Stipulation, filed at July 7, 2022, ¶¶ 1-2. Petitioner
further alleges that the vaccination was administered within the United States, her
shoulder injuries and sequelae lasted more than six months, and neither she, nor any
other party, has ever filed any action or received any compensation in the form of an
award or settlement for her vaccine-related injuries. Petition at ¶¶ 1, 5; Stipulation at ¶¶
3-5. “Respondent denies that [P]etitioner sustained a SIRVA Table injury; denies that the
vaccine caused [P]etitioner’s alleged shoulder injuries, or any other injury; and denies
that her current condition is a sequelae of a vaccine-related injury.” Stipulation at ¶ 6.
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 section references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. §
300aa (2012).

Case 1:19-vv-00175-UNJ Document 57 Filed 08/09/22 Page 2 of 7
Nevertheless, on July 7, 2022, 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 $76,650.00 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 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 1:19-vv-00175-UNJ Document 57 Filed 08/09/22 Page 3 of 7
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
)
BONNIE LOCKE,
)
)
Petitioner,
) No. 19-l 75V
V.
) Chief Special Master Corcoran
ECF
SECRETARY OF HEALT H AND HUMAN ))
SERVICES, )
_______________
Respondent. ))
STIPULATION
The parties hereby stipulate to the following matters:
I. Bonnie Locke, petitioner, filed a petition for vaccine compensation under the National
Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10et seq. (the "Vaccine Program").
The petition seeks compensation for injuries related to petitioner's receipt of the influenza ("flu'')
vaccine, which vaccine is contained in the Vaccine Injury Table (the "Table"), 42 C.F.R. §
100.3(a).
2. Petitioner received the flu vaccination on November 26, 2016.
3. The vaccine was administered within the United States.
4. Petitioner alleges that she sustained a Shoulder Injury Related to Vaccine
Administration ("SIRVA") within the time period set forth in the Table, or in the alternative, that
her shoulder injury was caused by the vaccine. She further alleges that she experienced the residual
effects of this condition for more than six months.
5. Petitioner represents that there has been no prior award or settlement of a civil action
for damages on her behalf as a result of her condition.

Case 1:19-vv-00175-UNJ Document 57 Filed 08/09/22 Page 4 of 7
6. Respondent denies that petitioner sustained a SIRVA Table injury; denies that the
vaccine caused petitioner's alleged shoulder injuries, or any other injury; and denies that her
current condition is a sequelae of a vaccine-related injury.
7. Maintaining their above-stated positions, the parties nevertheless now agree that the
issues between them shall be settled and that a decision should be entered awarding the
compensation described in paragraph 8 of this Stipulation.
8. As soon as practicable after an entry ofj udgment reflecting a decision consistent with
the terms of this Stipulation, and after petitioner has filed an election to receive compensation
pursuant to 42 U.S.C. § 300aa-2 l (a)(l), the Secretary of Health and Human Services will issue
the following vaccine compensation payment:
A lump sum of $76,650.00 in the form of a check payable to petitioner. This
amount represents compensation for all damages that would be available under 42
U.S.C. § 300aa-15(a).
9. As soon as practicable after the entry ofj udgment on entitlement in this case, and after
petitioner has filed both a proper and timely election to receive compensation pursuant to 4 2 U .S.C.
§ 300aa-21(a)(1), and an application, the parties will submit to further proceedings before the
special master to award reasonable attorneys' fees and costs incurred in proceeding upon th5
petition.
10. Petitioner and her attorney represent that compensation to be provided pursuant to 1his
Stipulation is not for any items or services for which the Program is not primarily liable under 42
U.S. C. § 300aa-15(g), to the extent that payment has been made or can reasonably be expected to
be made under any State compensation programs, insurance policies, Federal or State health
benefits programs (other than Title XIX of the Social Security Act (42 U.S.C. § 1396 et seq.)), or
by entities that provide health services on a pre-paid basis.
2

Case 1:19-vv-00175-UNJ Document 57 Filed 08/09/22 Page 5 of 7
11. Payment made pursuant to paragraph 8 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 attorneys' 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-15(a) and(d), and subject to the conditions of4 2 U.S.C.
§ 300aa-15(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 forever
irrevocably and unconditionally release, acquit and discharge the United States and the Secretary
of Health and Human Services from any and all actions or causes of action (including agreemen~,
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 be timely brought in the Court
of Federal Claims, under the National Vaccine Injury Compensation Program, 42 U.S.C. § 300aa-
10 et 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 flu vaccination administered on or around November 26, 2016, as alleged by petitioner
in a petition for vaccine compensation filed on or about January 31, 2019, in the United States
Court of Federal Claims as petition No. l 9-175V.
14. If petitioner should die prior to entry of judgment, this agreement shall be voidable
upon proper notice to the Court on behalfo fe ither or both of the parties.
3

Case 1:19-vv-00175-UNJ Document 57 Filed 08/09/22 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 conformity with the tenns of this Stipulation, then the parties'
settlement and this Stipulation shall be voidable at the sole discretion ofe ither party.
16. This Stipulation expresses a full and complete negotiated settlement 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 flu vaccine caused petitioner's alleged right
shoulder injury, 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
4

- - - - - ----------
Case 1:19-vv-00175-UNJ Document 57 - ·F· iled 08/09/22 Page 7 of 7
Respectfully submitted,
PETITT ONER:
ATTORNEY OF RECORD FOR At;THORJZED REPRSENTATIVE
PETITlO~ER: Of THE A TI'OR.'1\lEY GENER.:~:
H~~-~ML~~
AMY~ERTH: BSQ.
MULLER BRAZIL Deputy Director
715 Twining Road Torts Branch
Suite 208 Civil Division
Dresher. PA 19025 U.S. Department of Justice
T~l: {202) ti:~2-i t 78 P.O. Box i46
Benjamin Franklin Station
Washington, DC 20044-0146
AUfflORIZED REPRESENTATIVE ATIOR~EY OF RECORD FOR
OFTHESECRETARYOFHEALTH RESPONDENT:
AN ii iiilMAi'\ .SERYi(:i!:S:
George R. Olgi1ally signed by
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CDR OEORG.E.Rr:ED GRIMES, MD, MPH COLL.EEN C. HARTLEY
Di:~cctor, Divis!on cf Injur~'
C.ompensation Programs Tons Branch
Health Systems Bureau Civil Division
Heaith Resources and Services U.S. Depanment of .iustice
Administration P.O.Box 146
U.S. Department of Health Benjamin Franklin Station
and Human Servic.es Washington_. DC 20044-0146
5600 Fishers Lane, 08N 1468 Tel: (202) 616-3644
Rock\·ille .. f',-1f) 20857 Emall: cc,llieen.ha1tiey@usdoj.ge,v
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