VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_19-vv-01423 Package ID: USCOURTS-cofc-1_19-vv-01423 Petitioner: Kelly Bradley Filed: 2019-09-17 Decided: 2021-11-04 Vaccine: influenza Vaccination date: 2018-10-22 Condition: shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 72000 AI-assisted case summary: Kelly Bradley filed a petition for compensation under the National Vaccine Injury Compensation Program on September 17, 2019. She alleged that she suffered a shoulder injury related to vaccine administration (SIRVA) as a result of an influenza vaccine administered on October 22, 2018. Ms. Bradley stated that she received the vaccine in the United States, experienced residual effects for more than six months, and had no prior award or settlement for this injury. The respondent denied that the flu vaccine caused her injury or that she sustained a SIRVA Table injury. Despite the respondent's denial, the parties filed a joint stipulation on October 5, 2021, agreeing that compensation should be awarded. Chief Special Master Brian H. Corcoran reviewed the stipulation and found it reasonable, adopting it as the court's decision. Kelly Bradley was awarded a lump sum of $72,000.00, representing compensation for all items of damages available under Section 15(a) of the Vaccine Act. The decision does not describe the specific onset of symptoms, medical tests, treatments, or expert witnesses. Petitioner was represented by Nancy Routh Meyers of Turning Point Litigation, and respondent was represented by Lauren Kells of the U.S. Department of Justice. Theory of causation field: Petitioner Kelly Bradley alleged a shoulder injury related to vaccine administration (SIRVA) following an influenza vaccine on October 22, 2018. Respondent denied causation and a SIRVA Table injury. The parties filed a joint stipulation for compensation, which was adopted by Chief Special Master Brian H. Corcoran. Petitioner was awarded $72,000.00. The public decision does not detail the specific mechanism of injury, expert testimony, or the basis for the stipulation beyond the parties' agreement. The theory of causation is based on a "Table" injury, as indicated in the respondent's denial and the stipulation's reference to SIRVA Table injury. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_19-vv-01423-0 Date issued/filed: 2021-11-04 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 10/05/2021) regarding 39 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made. -------------------------------------------------------------------------------- Case 1:19-vv-01423-UNJ Document 45 Filed 11/04/21 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 19-1423V UNPUBLISHED KELLY BRADLEY, Chief Special Master Corcoran Petitioner, Filed: October 5, 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) Nancy Routh Meyers, Turning Point Litigation, Greensboro, NC, for Petitioner. Lauren Kells, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON JOINT STIPULATION1 On September 17, 2019, Kelly Bradley 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”) as a result of an influenza (“flu”) vaccine administered to her on October 22, 2018. Petition at 1, 3; Stipulation, filed at October 5, 2021, ¶¶ 2, 4. Petitioner further alleges that she received the vaccine in the United States, that she has experienced 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 for damages as a result of her alleged condition. Petition at 1, 3; Stipulation at ¶¶ 3-5. Respondent “denies that the flu vaccine caused petitioner to suffer a left shoulder injury or any other injury or her current condition, and denies that petitioner sustained a SIRVA Table 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. 2National 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-01423-UNJ Document 45 Filed 11/04/21 Page 2 of 7 Nevertheless, on October 5, 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. Pursuant to the terms stated in the attached Stipulation, I award the following compensation: A lump sum of $72,000.00 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 Case 1:19-vv-01423-UNJ Document 45 Filed 11/04/21 Page 3 of 7 Case 1:19-vv-01423-UNJ Document 45 Filed 11/04/21 Page 4 of 7 Case 1:19-vv-01423-UNJ Document 45 Filed 11/04/21 Page 5 of 7 Case 1:19-vv-01423-UNJ Document 45 Filed 11/04/21 Page 6 of 7 Case 1:19-vv-01423-UNJ Document 45 Filed 11/04/21 Page 7 of 7