VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_19-vv-01261
Package ID: USCOURTS-cofc-1_19-vv-01261
Petitioner: Bonnie Cushman
Filed: 2019-08-22
Decided: 2022-06-24
Vaccine: influenza
Vaccination date: 2017-10-06
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 62000

AI-assisted case summary:
Bonnie Cushman filed a petition for compensation under the National Vaccine Injury Compensation Program on August 22, 2019. She alleged that she sustained a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on or about October 6, 2017. The petition stated that the vaccine was administered within the United States, that her right shoulder injuries and sequelae lasted more than six months, and that no prior action had been filed for her vaccine-related injury. The respondent, the Secretary of Health and Human Services, denied that Cushman sustained a SIRVA Table injury, denied that the 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 differing positions, the parties reached a joint stipulation for settlement on May 19, 2022. Chief Special Master Brian H. Corcoran adopted the stipulation as the court's decision. Pursuant to the stipulation, Cushman was awarded a lump sum of $62,000.00, payable to her, as compensation for all damages. This award represents a compromise of the parties' respective positions on liability and damages. The decision was issued on June 24, 2022. Petitioner was represented by Maximillian J. Muller of Muller Brazil, LLP, and respondent was represented by Jennifer Leigh Reynaud of the U.S. Department of Justice.

Theory of causation field:
Petitioner Bonnie Cushman filed a petition alleging a shoulder injury related to vaccine administration (SIRVA) following an influenza vaccine received on or about October 6, 2017. The influenza vaccine is listed on the Vaccine Injury Table, and Cushman alleged her injuries lasted more than six months. Respondent denied that Cushman sustained a Table injury or that the vaccine caused her alleged shoulder injury. The parties reached a joint stipulation for settlement, agreeing to a decision awarding compensation. Chief Special Master Brian H. Corcoran adopted the stipulation. Petitioner was awarded a lump sum of $62,000.00 as compensation for all damages. The stipulation was signed by Maximillian J. Muller for the petitioner and Jennifer Leigh Reynaud for the respondent. The decision date was June 24, 2022.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_19-vv-01261-0
Date issued/filed: 2022-06-24
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 05/19/2022) regarding 33 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:19-vv-01261-UNJ Document 37 Filed 06/24/22 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 19-1261V
UNPUBLISHED
BONNIE CUSHMAN, Chief Special Master Corcoran
Petitioner, Filed: May 19, 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)
Maximillian J. Muller, Muller Brazil, LLP, Dresher, PA, for Petitioner.
Jennifer Leigh Reynaud, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION ON JOINT STIPULATION1
On August 22, 2019, Bonnie Cushman 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). Petition at 1; Stipulation, filed at May 19, 2022, ¶¶ 1-2.
Petitioner further alleges the vaccine was administered within the United States, that her
right shoulder injuries and sequelae lasted more than six months, and neither she, nor
any other party, has ever filed any action for Petitioner’s vaccine-related injury. Petition
at 1, 3-4; Stipulation at ¶¶ 3-5. “Respondent denies [P]etitioner sustained a SIRVA Table
injury; denies that the 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.
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-01261-UNJ Document 37 Filed 06/24/22 Page 2 of 7
Nevertheless, on May 19, 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 $62,000.00 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 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-01261-UNJ Document 37 Filed 06/24/22 Page 3 of 7
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
BONNIE CUSHMAN.
Petitioner, No. 19-1261V
V. Chief Special Master Corcoran
ECF
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
STIPULATION
The parties hereby stipulate to the following matters:
1. Petitioner Bonnie Cushman ("petitioner") 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 ("flu") vaccine, which vaccine is contained in the Vaccine
Injury Table (the '·Table'"), 42 C.F.R. § I 00.3 (a).
2. Petitioner received a :flu vaccine on or about October 6, 2017.
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. She further alleges that she experienced
the residual effects of this condition for more thun six months.
5. Petitioner represents that there has been no prior award or settlement of a civil action
for damages as a result of her condition.

Case 1:19-vv-01261-UNJ Document 37 Filed 06/24/22 Page 4 of 7
6. Respondent denies that petitioner sustained a SIRVA Table injury; denies that the
vaccine caused petitioner's alleged shoulder injury, 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)( 1) , the Secretary of Health and Human Services will issue
the following vaccine compensation payment:
A lump sum of $62,000.00, 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 of judgment on entitlement in this case, and after
petitioner has filed both a proper and timely election to receive compensation pursuant to 42
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' foes and costs incurred in proceeding upon this
petition.
I 0. Petitioner and her attorney represent that they have identified to respondent all known
sources of payment for items or services for which the Program is not primarily liable under 42
U.S.C. § 300aa-15(g), including 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 entities that provide health services on a pre-paid basis.
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Case 1:19-vv-01261-UNJ Document 37 Filed 06/24/22 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 panies and their attorneys further agree and stipulate that, except for any award
for attorneys' fees and litigation costs and past unreimbursablc 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 of 42 U.S.C.
§ 300aa-l 5(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 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 be timely
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 flu vaccination administered on or about October 6,
2017, as alleged by petitioner in a petition for vaccine compensation filed on or about August 22,
2019, in the United States Court of Federal Claims as petition No. 19-126 l V.
14. If petitioner should die prior to entry ofj udgment, this agreement shall be voidable
upon proper notice to the Court on behalf of either or both of the parties.
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Case 1:19-vv-01261-UNJ Document 37 Filed 06/24/22 Page 6 of 7
15. If the special master fails to issue a decision in complete conformity with the terms of
this Stipulation or if the Court of Federal Claims fails to enter judgment in confonnity with a
decision that is in complete conformity with the terms of this Stipulation, then the parties'
settlement and this Stipulation shall be voidable at the sole discretion of either party.
I 6. 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
pm1ies 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 shoulder
injury or any other injury or her current 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
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Case 1:19-vv-01261-UNJ Document 37 Filed 06/24/22 Page 7 of 7
Respectfully submitted,
PETITIONER:
ATTORNEY OF RECORD FOR AUTHORIZED REPRESENTATIVE
PETITIONER: OF THE ATTORNEY GENERAL:
AXIMILLIAN J. MULLER
MULLER BRAZIL, LLP Deputy Director
715 Twining Road, Suite 208 Torts Branch
Dresher, PA 19025 Civil Division
(215) 885-1655 U.S. Dcpanment of Justice
Max@myvaccinelawyer.com P.O. Box 146
Benjamin Franklin Station
Washington, DC 20044-0146
AUTHORIZED REPRESENT AT lVE ATTORNEY OF RECORD FOR
OF THE SECRETARY OF HEALTH RESPONDENT:
AND HUMA~ SERVICES:
George R. Digit.illy signed by George R.
Grimes -S14
Grimes-514 Date: 2022.03.1 O 15:57:55
-05'00'
CDR GEORGE REED GRIMES, MD, MPH JENNIFER L. REYNAUD
Director, Division of Injury Senior Trial Attorney
Compensation Programs Torts Branch
Health Systems Bureau Civil Division
Health Resources and Services U.S. Department of Justice
Administration P.O. Box 146
U.S. Department of Health Benjamin Franklin Station
and Human Services Washington, DC 20044-0146
5600 Fishers Lane, 08N 1468 (202) 305-1586
Rockville, MD 20857 Jennifer.L.Reynaud@usdoj.gov
lw-z.2
Dated: Oi lo'-1
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