VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_19-vv-01609 Package ID: USCOURTS-cofc-1_19-vv-01609 Petitioner: Tamara Kundivich Filed: 2021-04-22 Decided: 2021-05-24 Vaccine: influenza Vaccination date: 2017-10-17 Condition: brachial neuritis Outcome: compensated Award amount USD: 37000 AI-assisted case summary: Tamara Kundivich filed a petition on April 22, 2021, alleging that she suffered brachial neuritis caused in fact by an influenza vaccination received on October 17, 2017. The petition stated the vaccine was administered in the United States, that she experienced residual effects for more than six months, and that she had no prior award or settlement for her condition. The respondent denied that the influenza vaccine caused her injury. Nevertheless, on April 21, 2021, the parties filed a joint stipulation agreeing that compensation should be awarded. Chief Special Master Brian H. Corcoran found the stipulation reasonable and adopted it as the decision awarding damages. Tamara Kundivich was awarded a lump sum of $37,000.00, payable to Petitioner, representing compensation for all items of damages. Petitioner's counsel was Bridget Candace McCullough of Muller Brazil, LLP. Respondent's counsel was Sarah Christina Duncan of the U.S. Department of Justice. The public decision does not describe the specific onset of symptoms, medical tests, treatments, or expert witnesses. Theory of causation field: Petitioner Tamara Kundivich alleged that an influenza vaccine administered on October 17, 2017, caused her to suffer brachial neuritis. The respondent denied causation. The parties filed a joint stipulation on April 21, 2021, agreeing to an award of compensation. Chief Special Master Brian H. Corcoran adopted the stipulation as the decision. The award was a lump sum of $37,000.00. The theory of causation was identified as 'Off-Table' in the provided database fields. The public decision does not detail the specific mechanism of injury, expert testimony, or the medical evidence considered beyond the stipulation. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_19-vv-01609-0 Date issued/filed: 2021-05-24 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 04/22/2021) regarding 24 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made. -------------------------------------------------------------------------------- Case 1:19-vv-01609-UNJ Document 28 Filed 05/24/21 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 19-1609V UNPUBLISHED TAMARA KUNDIVICH, Chief Special Master Corcoran Petitioner, Filed: April 22, 2021 v. Special Processing Unit (SPU); Joint SECRETARY OF HEALTH AND Stipulation on Damages; Influenza HUMAN SERVICES, (Flu) Vaccine; Brachial Neuritis Respondent. Bridget Candace McCullough, Muller Brazil, LLP, Dresher, PA, for petitioner. Sarah Christina Duncan, U.S. Department of Justice, Washington, DC, for respondent. DECISION ON JOINT STIPULATION1 On October 15, 2019, Tamara Kundivich filed a petition for compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. § 300aa-10, et seq.2 (the ). Petitioner alleges that she suffered brachial neuritis that was caused in fact by an influenza vaccination received on October 17, 2017. Petition at 1; Stipulation, filed April 21, 2021, at ¶¶ 2-4. Petitioner further alleges the vaccine was administered in the United States, she experienced the residual effects of this injury for more than six months, and there has been no prior award or settlement of a civil action for damages on her behalf as a result of her condition. Petition at 1, 3; Stipulation at ¶¶ 3-5. denies that the influenza vaccine caused petitioner to suffer brachial neuritis or any other injury or her current condition. 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 graph of 42 U.S.C. § 300aa (2012). Case 1:19-vv-01609-UNJ Document 28 Filed 05/24/21 Page 2 of 7 Nevertheless, on April 21, 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 $37,000.00 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 P 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 g of notice renouncing the right to seek review. 2 Case 1:19-vv-01609-UNJ Document 28 Filed 05/24/21 Page 3 of 7 Case 1:19-vv-01609-UNJ Document 28 Filed 05/24/21 Page 4 of 7 Case 1:19-vv-01609-UNJ Document 28 Filed 05/24/21 Page 5 of 7 Case 1:19-vv-01609-UNJ Document 28 Filed 05/24/21 Page 6 of 7 Case 1:19-vv-01609-UNJ Document 28 Filed 05/24/21 Page 7 of 7