VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_19-vv-01456
Package ID: USCOURTS-cofc-1_19-vv-01456
Petitioner: Kristinia Brooks
Filed: 2021-04-19
Decided: 2021-05-19
Vaccine: influenza
Vaccination date: 2016-10-10
Condition: left shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 120392

AI-assisted case summary:
Kristinia Brooks filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging she suffered a left shoulder injury related to vaccine administration (SIRVA) as a result of an influenza vaccine administered on October 10, 2016. The case was assigned to the Special Processing Unit. Respondent filed a Rule 4(c) report conceding that Petitioner is entitled to compensation. Respondent agreed that Petitioner's claim met the Table criteria for SIRVA, noting she had no prior history of shoulder issues, experienced pain within 48 hours of vaccination, and her pain and reduced range of motion were limited to the injection shoulder. Respondent also confirmed the case was timely filed, the vaccine was received in the United States, and Petitioner met the statutory severity requirement. Based on Respondent's concession and the evidence, entitlement to compensation was granted. Subsequently, a decision awarding damages was issued. Respondent filed a proffer on award of compensation, indicating Petitioner should be awarded $120,392.16, which Petitioner agreed with. The court awarded Kristinia Brooks a lump sum payment of $120,392.16, comprised of $120,000.00 for pain and suffering and $392.16 for actual lost wages.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_19-vv-01456-0
Date issued/filed: 2021-05-19
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 04/19/2021) regarding 29 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:19-vv-01456-UNJ Document 36 Filed 05/19/21 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 19-1456V
UNPUBLISHED
KRISTINIA BROOKS, Chief Special Master Corcoran
Petitioner, Filed: April 19, 2021
v.
Special Processing Unit (SPU);
SECRETARY OF HEALTH AND Ruling on Entitlement; Concession;
HUMAN SERVICES, Table Injury; Influenza (Flu) Vaccine;
Shoulder Injury Related to Vaccine
Respondent. Administration (SIRVA)
David Alexander Tierney, Rawls Law Group, Richmond, VA, for Petitioner.
Terrence Kevin Mangan, Jr., U.S. Department of Justice, Washington, DC, for
Respondent.
RULING ON ENTITLEMENT1
On September 23, 2019, Kristinia Brooks 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 left shoulder injury related to vaccine
administration (“SIRVA”) as a result of an influenza vaccine administered on October 10,
2016. Petition at 1. The case was assigned to the Special Processing Unit of the Office
of Special Masters.
On April 19, 2021, Respondent filed his Rule 4(c) report in which he concedes that
Petitioner is entitled to compensation in this case. Respondent’s Rule 4(c) Report at 1.
Specifically, Respondent agrees that “petitioner’s claim meets the Table criteria for
1 Because this unpublished ruling 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 ruling 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 1:19-vv-01456-UNJ Document 36 Filed 05/19/21 Page 2 of 2
SIRVA. Specifically, petitioner has no apparent history of pain, inflammation or
dysfunction of the affected shoulder prior to intramuscular vaccine administration that
would explain the alleged signs, symptoms, examination findings, and/or diagnostic
studies occurring after vaccine injection; she more likely than not suffered the onset of
pain within forty-eight hours of vaccine administration; her pain and reduced range of
motion were limited to the shoulder in which the intramuscular vaccine was administered;
and there is no other condition or abnormality present that would explain petitioner’s
symptoms.” Id. at 3. Respondent further agrees that the case was timely filed, the vaccine
was received in the United States, Petitioner satisfies the statutory severity requirement
by suffering the residual effects or complications of her injury for more than six months
after vaccine administration, and Petitioner has averred she has not filed a civil action or
received compensation in the form of an award or civil settlement for her injury. Id. at 4.
In view of Respondent’s position and the evidence of record, I find that
Petitioner is entitled to compensation.
IT IS SO ORDERED.
s/Brian H. Corcoran
Brian H. Corcoran
Chief Special Master
2

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DOCUMENT 2: USCOURTS-cofc-1_19-vv-01456-1
Date issued/filed: 2021-05-21
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 04/19/2021) regarding 30 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:19-vv-01456-UNJ Document 38 Filed 05/21/21 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 19-1456V
UNPUBLISHED
KRISTINIA BROOKS, Chief Special Master Corcoran
Petitioner, Filed: April 19, 2021
v.
Special Processing Unit (SPU);
SECRETARY OF HEALTH AND Damages Decision Based on Proffer;
HUMAN SERVICES, Influenza (Flu) Vaccine; Shoulder
Injury Related to Vaccine
Respondent. Administration (SIRVA)
David Alexander Tierney, Rawls Law Group, Richmond, VA, for Petitioner.
Terrence Kevin Mangan, Jr., U.S. Department of Justice, Washington, DC, for
Respondent.
DECISION AWARDING DAMAGES1
On September 23, 2019, Kristinia Brooks 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 left shoulder injury related to vaccine
administration (“SIRVA”) as a result of an influenza vaccine administered on October 10,
2016. Petition at 1. The case was assigned to the Special Processing Unit of the Office
of Special Masters.
On April 19, 2021, a ruling on entitlement was issued, finding Petitioner entitled to
compensation for SIRVA. On April 19, 2021, Respondent filed a proffer on award of
compensation (“Proffer”) indicating Petitioner should be awarded $120,392.16. Proffer at
4-5. In the Proffer, Respondent represented that Petitioner agrees with the proffered
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 1:19-vv-01456-UNJ Document 38 Filed 05/21/21 Page 2 of 2
award. Id. Based on the record as a whole, I find that Petitioner is entitled to an award as
stated in the Proffer.
Pursuant to the terms stated in the Proffer, I award Petitioner a lump sum
payment of $120,392.16 (comprised of $120,000.00 for pain and suffering and
$392.16 for actual lost wages) in the form of a check payable to Petitioner. This
amount represents compensation for all damages that would be available under § 15(a).
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