VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_19-vv-01635 Package ID: USCOURTS-cofc-1_19-vv-01635 Petitioner: Tatum Brevig Filed: 2019-10-21 Decided: 2021-10-14 Vaccine: influenza Vaccination date: 2016-10-22 Condition: left shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 20000 AI-assisted case summary: Tatum Brevig filed a petition on October 21, 2019, seeking compensation under the National Vaccine Injury Compensation Program. Petitioner alleged that she suffered a shoulder injury related to vaccine administration (SIRVA) causally related to receiving an influenza vaccine on October 22, 2016. Respondent, the Secretary of Health and Human Services, denied that petitioner suffered a SIRVA Table injury or that the flu vaccine caused her alleged shoulder injury or current condition. The parties filed a joint stipulation on September 14, 2021, agreeing to settle the issues and award compensation. Chief Special Master Brian H. Corcoran adopted the stipulation as his decision. The decision awarded Tatum Brevig a lump sum of $20,000.00, payable by check to Petitioner, as compensation for all items of damages available under Section 15(a) of the Vaccine Act. This amount represents compensation for her SIRVA injury, which was considered a Table injury. The stipulation stated that this award may reflect a compromise of the parties' respective positions on liability and/or damages. Petitioner, through her counsel Seth Zawila of Robins Kaplan LLP, and Respondent, through counsel Christine Mary Becer of the U.S. Department of Justice, signed the stipulation. The decision was entered on October 14, 2021. Theory of causation field: Petitioner Tatum Brevig received an influenza vaccine on October 22, 2016, and alleged a left shoulder injury related to vaccine administration (SIRVA). Respondent denied this claim. The parties filed a joint stipulation agreeing to settle the case. The stipulation identified the injury as a SIRVA, which is listed in the Vaccine Injury Table (the "Table"), 42 C.F.R. § 100.3(a). The stipulation stated that the parties agreed to settle the issues and that a decision should be entered awarding compensation. The decision adopted the stipulation, awarding Petitioner a lump sum of $20,000.00 for all items of damages. The public decision does not describe the specific mechanism of injury, expert testimony, or detailed clinical facts. The case was settled via stipulation, and judgment was entered accordingly on October 14, 2021, by Chief Special Master Brian H. Corcoran. Petitioner was represented by Seth Zawila, and Respondent was represented by Christine Mary Becer. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_19-vv-01635-0 Date issued/filed: 2021-10-14 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 09/14/2021) regarding 37 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made. -------------------------------------------------------------------------------- Case 1:19-vv-01635-UNJ Document 41 Filed 10/14/21 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 19-1635V UNPUBLISHED TATUM BREVIG, Chief Special Master Corcoran Petitioner, v. Filed: September 14, 2021 SECRETARY OF HEALTH AND Special Processing Unit (SPU); Joint HUMAN SERVICES, Stipulation on Damages; Influenza (Flu); Shoulder Injury Related to Respondent. Vaccine Administration (SIRVA). Seth Zawila, Robins Kaplan LLP, Minneapolis, MN, for Petitioner. Christine Mary Becer, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON JOINT STIPULATION1 On October 21, 2019, Tatum Brevig 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”) causally related to her receipt of an influenza (“flu”) vaccine on October 22, 2016. Petition at 1; Stipulation filed September 14, 2021 (ECF No. 36) at ¶¶ 1-4. On September 14, 2021, the parties filed the attached joint stipulation, which states 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. 1 Because this unpublished opinion 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 opinion 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-01635-UNJ Document 41 Filed 10/14/21 Page 2 of 7 Pursuant to the terms stated in the attached Stipulation, I award the following compensation: • A lump sum of $20,000.00 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-01635-UNJ Document 41 Filed 10/14/21 Page 3 of 7 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS ) TATUM BREVIG, ) ) Petitioner, ) ) No. 19-1635V v. ) Chief Special Master Corcoran ) ECF SECRETARY OF HEALTH AND ) HUMAN SERVICES, ) ) Respondent. ) STIPULATION The parties hereby stipulate to the following matters: 1. Tatum Brevig, 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 an influenza ("flu") vaccine, which vaccine is contained in the Vaccine Injury Table (the "Table"), 42 C.F.R. § 100.3 (a). 2. Petitioner received the flu vaccine on October 22, 2016. 3. The vaccination was administered within the United States. 4. Petitioner alleges that she sustained a left shoulder injury related to vaccine administration ("SIRVA") within the time period set forth in the Table, or in the alternative, that her alleged shoulder injury was caused by the vaccine. She further alleges that she experienced the residual effects of her alleged injury for more than six months. 5. Petitioner represents that there has been no prior award or settlement of a civil action for damages on her behalf as a result of her condition. Case 1:19-vv-01635-UNJ Document 41 Filed 10/14/21 Page 4 of 7 6. Respondent denies that petitioner suffered a SIRVA Table injury, and denies that the flu vaccine caused petitioner to suffer from a left shoulder injury or any other injury or her current condition. 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 of judgment 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-2l(a)(l ), the Secretary of Health and Human Services will issue the following vaccine compensation payment: A lump sum of $20,000.00 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' fees and costs incurred in proceeding upon this petition. I 0. Petitioner and her attorney represent that compensation to be provided pursuant to this Stipulation is not for any items or services for which the Program is not primarily liable under 42 U.S.C. § 300aa•l5(g), to the extent that payment has been made or can reasonably be expected to be made under any 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 by entities that provide health services on a pre-paid basis. 2 Case 1:19-vv-01635-UNJ Document 41 Filed 10/14/21 Page 5 of 7 11. Payment made pursuant to paragraph 8 of this Stipulation and any amounts awarded pursuant to paragraph 9 of this Stipulation will be made in accordance \\