VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_19-vv-01551 Package ID: USCOURTS-cofc-1_19-vv-01551 Petitioner: Katherine A. Bray Filed: 2019-10-04 Decided: 2022-11-17 Vaccine: influenza Vaccination date: 2016-10-27 Condition: shoulder injury related to vaccine administration Outcome: compensated Award amount USD: 31000 AI-assisted case summary: Katherine Bray filed a petition for compensation on October 4, 2019, alleging that an influenza vaccine administered on October 27 or 28, 2016, caused her to suffer a shoulder injury related to vaccine administration (SIRVA). She stated the vaccine was administered in the United States, that she suffered residual effects for more than six months, and that she had no prior award or settlement for these injuries. Respondent denied that the flu vaccine caused her injuries. Nevertheless, on November 15, 2022, the parties filed a joint stipulation for compensation. Chief Special Master Corcoran found the stipulation reasonable and adopted it as her decision awarding damages. Katherine Bray was awarded a total of $31,000.00 in compensation, which included $23,000.00 payable to her, $7,000.00 payable to her and a bankruptcy trustee, and $1,000.00 to satisfy Medicaid liens. This award represents compensation for all damages available under the Vaccine Act. Theory of causation field: Table Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_19-vv-01551-0 Date issued/filed: 2022-12-19 Pages: 9 Docket text: PUBLIC DECISION (Originally filed: 11/17/2022) regarding 55 DECISION Stipulation/Proffer ( Signed by Chief Special Master Brian H. Corcoran. )(mpj) Service on parties made. -------------------------------------------------------------------------------- Case 1:19-vv-01551-UNJ Document 60 Filed 12/19/22 Page 1 of 9 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 19-1551V UNPUBLISHED KATHERINE A. BRAY, Chief Special Master Corcoran Petitioner, Filed: November 17, 2022 v. Special Processing Unit (SPU); Joint SECRETARY OF HEALTH AND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) Daniel J. Bellig, Farrish Johnson Law Office, Mankato, MN, for Petitioner. Katherine Carr Esposito, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON JOINT STIPULATION1 On October 4, 2019, Katherine Bray 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”) caused by an influenza vaccine administered on October 27 or 28 2016. Petition at 1; Stipulation, filed at November 15, 2022, ¶¶ 1-4. Petitioner further alleges the vaccine was administered within the United States, that she suffered 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 on her behalf as a result of her alleged injuries. Petition at 1-3; Stipulation at ¶¶ 3-5. Respondent denies that the flu vaccine caused Petitioner’s right upper extremity 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-01551-UNJ Document 60 Filed 12/19/22 Page 2 of 9 Nevertheless, on November 15, 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) A lump sum of $23,000.00, in the form of a check payable to petitioner. b) A lump sum of $7,000.00, in the form of a check jointly payable to petitioner and John R. Stoebner, Trustee, Manty & Associates, P.A., 150 South Fifth Street, Suite 3125, Minneapolis, MN 55402, in accordance with the United States Bankruptcy Court, District of Minnesota Order, dated May 2, 2022. Petitioner agrees to endorse this check to John R. Stoebner. c) A lump sum of$750.00,3 representing reimbursement of a Medicaid lien for services rendered to petitioner by the State of Minnesota, and UCare, in the form of a check jointly payable to petitioner and Optum, P.O. Box 182643, Columbus, OH 43218, for satisfaction of petitioner's UCare Medicaid lien. Petitioner agrees to endorse this check to Optum. d) A lump sum of $250.00,4 representing reimbursement of a Medicaid lien for services rendered to petitioner by the State of Minnesota, and Medica, in the form of a check jointly payable to petitioner and Optum, P.O. Box 182643, Columbus, OH 43218. Petitioner agrees to endorse this check to Optum. These amounts represent compensation for all damages that would be available under 42 U.S.C. §300aa-15(a). 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.5 IT IS SO ORDERED. 3 This amount represents full satisfaction of any right of subrogation, assignment, claim, lien, or cause of action the State of Minnesota may have against any individual as a result of any Medicaid payments the UCare Program has made to or on behalf of petitioner as a result of her alleged vaccine-related injury suffered as a result of the vaccination administered on or about October 27, 2016, or October 28, 2016, under Title XIX of the Social Security Act, see 42 U.S.C. § 300aa-15(g), (h). 4 This amount represents full satisfaction of any right of subrogation, assignment, claim, lien, or cause of action the State of Minnesota may have against any individual as a result of any Medicaid payments the Medica Program has made to or on behalf of petitioner as a result of her alleged vaccine-related injury suffered as a result of the vaccination administered on or about October 27, 2016, or October 28, 2016, under Title XIX of the Social Security Act, see 42 U.S.C. § 300aa-15(g), (h). 5 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-01551-UNJ Document 60 Filed 12/19/22 Page 3 of 9 s/Brian H. Corcoran Brian H. Corcoran Chief Special Master 3 Case 1:19-vv-01551-UNJ Document 60 Filed 12/19/22 Page 4 of 9 Case 1:19-vv-01551-UNJ Document 60 Filed 12/19/22 Page 5 of 9 Case 1:19-vv-01551-UNJ Document 60 Filed 12/19/22 Page 6 of 9 Case 1:19-vv-01551-UNJ Document 60 Filed 12/19/22 Page 7 of 9 Case 1:19-vv-01551-UNJ Document 60 Filed 12/19/22 Page 8 of 9 Case 1:19-vv-01551-UNJ Document 60 Filed 12/19/22 Page 9 of 9