VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_19-vv-01704
Package ID: USCOURTS-cofc-1_19-vv-01704
Petitioner: Brooke Biel
Filed: 2019-11-01
Decided: 2022-07-15
Vaccine: influenza
Vaccination date: 2016-11-02
Condition: right shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 85536

AI-assisted case summary:
Brooke Biel filed a petition on November 1, 2019, seeking compensation under the National Vaccine Injury Compensation Program. She alleged that she suffered a right shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on November 2, 2016. Petitioner claimed the injury met the Table definition for SIRVA or, in the alternative, was caused in fact by the vaccine. She further alleged that the vaccination occurred in the United States and that she continued to suffer residual effects of the SIRVA for more than six months post-vaccination. Petitioner also stated that neither she nor anyone else had filed a civil action or received compensation for her alleged injury. The respondent denied that the petitioner sustained the onset of a SIRVA Table injury within the Table timeframe and denied that the influenza vaccine caused her alleged right shoulder injury, any other injury, or her current condition. Despite these positions, the parties filed a joint stipulation on June 13, 2022, agreeing to settle the issues and award compensation. Chief Special Master Brian H. Corcoran reviewed the stipulation and adopted it as the decision. The award included a lump sum payment of $85,000.00 payable to Petitioner and a lump sum payment of $536.85 to satisfy a Medicaid lien from the Pennsylvania Department of Human Services. The total award of $85,536.85 represents compensation for all damages available under Section 15(a) of the Vaccine Act. Petitioner agreed to endorse the check for the Medicaid lien to the Pennsylvania Department of Human Services. The decision does not describe the specific onset, symptoms, medical tests, treatments, or expert witnesses involved in this case. The public decision does not name Petitioner's counsel or Respondent's counsel.

Theory of causation field:
Petitioner Brooke Biel filed a petition alleging a right shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on November 2, 2016. Petitioner alleged the injury met the Table definition for SIRVA or was caused in fact by the vaccine. Respondent denied a Table injury within the timeframe and denied the vaccine caused the alleged injury. The parties reached a joint stipulation for settlement. Chief Special Master Brian H. Corcoran adopted the stipulation, awarding $85,536.85, consisting of $85,000.00 to Petitioner and $536.85 to satisfy a Medicaid lien from the Pennsylvania Department of Human Services. The public text does not detail the specific mechanism of injury, expert testimony, or the specific Table definition relied upon, only that SIRVA was alleged. The attorneys involved were Bruce W. Slane for Petitioner and Mark Kim Hellie for Respondent. The decision date was July 15, 2022.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_19-vv-01704-0
Date issued/filed: 2022-07-15
Pages: 8
Docket text: PUBLIC DECISION (Originally filed: 06/13/2022) regarding 51 DECISION Stipulation/Proffer, Signed by Chief Special Master Brian H. Corcoran. (Eagen, Kevin) Service on parties made.
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Case 1:19-vv-01704-UNJ Document 57 Filed 07/15/22 Page 1 of 8
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 19-1704V
UNPUBLISHED
BROOKE BIEL, Chief Special Master Corcoran
Petitioner, Filed: June 13, 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)
Bruce William Slane, Law Office of Bruce W. Slane, P.C., White Plains, NY, for
Petitioner.
Mark Kim Hellie, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION ON JOINT STIPULATION1
On November 1, 2019, Brooke Biel 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 right shoulder injury related to
vaccine administration (“SIRVA”), which meets the Table definition for a SIRVA injury or,
in the alternative, was caused in fact by the influenza (“flu”) vaccine she received on
November 2, 2016. Petition at ¶¶ 2, 57-58; Stipulation, filed at June 13, 2022, ¶¶ 1-2, 4.
Petitioner further alleges she received the vaccine in the United States, that she continues
to suffer the residual effects of her SIRVA more than six months post-vaccination, and
that neither she nor any other person has filed a civil action or received compensation for
her SIRVA. Petition at ¶¶ 2, 59-61; Stipulation at ¶¶ 3-5. “Respondent denies that
[P]etitioner’s sustained the onset of a SIRVA Table injury within the Table timeframe and
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-01704-UNJ Document 57 Filed 07/15/22 Page 2 of 8
further denies that the flu vaccine caused [P]etitioner’s alleged right shoulder injury, any
other injury, or her current condition.” Stipulation at ¶ 6.
Nevertheless, on June 13, 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 $85,536.85 as
follows:
1. A lump sum payment of $85,000.00 in the form of a check payable to
Petitioner; and
2. A lump sum payment of $536.85, representing reimbursement of a Medicaid
lien for services rendered to Petitioner by the Pennsylvania Department of
Human Services, in the form of a check payable jointly to Petitioner and to:
Pennsylvania Department of Human Services
P.O. Box 8486
Harrisonburg, PA 17105-8486
CIS#: 520152385.
Stipulation at ¶ 8. Petitioner agrees to endorse the check to the Pennsylvania Department
of Human Services for satisfaction of the Medicaid lien. The total amount of $85,536.85
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 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-01704-UNJ Document 57 Filed 07/15/22 Page 3 of 8
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
BROOKE BIEL,
Petitioner,
Case No. 19-1704V (ECF)
v. CHIEF SPECIAL MASTER
CORCORAN
SECRETARY OF HEALTH
AND HUMAN SERVICES,
Respondent.
STIPULATION
The parties hereby stipulate to the following matters:
1. Brooke Biel, 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 the influenza (“flu”) vaccine, which is a vaccine contained in the Vaccine Injury Table (the
“Table”), 42 C.F.R. § 100.3(a).
2. Petitioner received the vaccine on November 2, 2016.
3. The vaccination was administered within the United States.
4. Petitioner alleges that she sustained a right shoulder injury related to vaccine
administration (“SIRVA”) within the Table time period after receiving the flu vaccine, and
alleges that she experienced the residual effects of this 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 alleged injuries.

Case 1:19-vv-01704-UNJ Document 57 Filed 07/15/22 Page 4 of 8
6. Respondent denies that petitioner sustained the onset of a SIRVA Table injury
within the Table timeframe and further denies that the flu vaccine caused petitioner’s alleged
right shoulder injury, 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-21(a)(1), the Secretary of Health and Human
Services will issue the following vaccine compensation payment:
a. A lump sum of $85,000.00 in the form of a check payable to petitioner; and
b. A lump sum of $536.85,1 representing compensation for satisfaction of the
Pennsylvania Department of Human Services lien payable jointly to petitioner and
to:
Pennsylvania Department of Human Services
P.O. Box 8486
Harrisburg, PA 17105-8486
CIS#: 520152385
Petitioner agrees to endorse the $536.85 check to the Pennsylvania Department of Human
Services. These amounts totaling $85,536.85 represent 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 in this case, and after petitioner
has filed both a proper and timely election to receive compensation pursuant to
1 This amount represents full satisfaction of any right of subrogation, assignment, claim, lien, or
cause of action the State of Pennsylvania may have against any individual as a result of any
Medicaid payments the State of Pennsylvania has made to or on behalf of petitioner as a result of
petitioner’s alleged injury relating to a vaccine administered on November 2, 2016, under Title
XIX of the Social Security Act, see 42 U.S.C. § 300aa-15(g), (h).
2

Case 1:19-vv-01704-UNJ Document 57 Filed 07/15/22 Page 5 of 8
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.
10. 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-15(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.
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 with
42 U.S.C. § 300aa-15(i), subject to the availability of sufficient statutory funds.
12. The parties and their attorneys further agree and stipulate that, except for any
award for attorneys’ fees and litigation costs, and past unreimbursed expenses, the money
provided pursuant to this Stipulation will be used solely for the benefit of petitioner as
contemplated by a strict construction of 42 U.S.C. § 300aa-15(a) and (d), and subject to the
conditions of 42 U.S.C. § 300aa-15(g) and (h).
13. In return for the payments described in paragraphs 8 and 9, petitioner, in her
individual capacity, and on behalf of her heirs, executors, administrators, successors or assigns,
does forever irrevocably and unconditionally release, acquit, and discharge the United States and
the Secretary of Health and Human Services from any and all actions or causes of action
(including agreements, judgments, claims, damages, loss of services, expenses and all demands
of whatever kind or nature) that have been brought, could have been brought, or could be timely
3

Case 1:19-vv-01704-UNJ Document 57 Filed 07/15/22 Page 6 of 8
brought in the Court of Federal Claims, under the National Vaccine Injury Compensation
Program, 42 U.S.C. § 300aa-10 et seq., on account of, or in any way growing out of, any and all
known or unknown, suspected or unsuspected personal injuries to or death of petitioner resulting
from, or alleged to have resulted from, the flu vaccination administered on November 2, 2016, as
alleged by petitioner in a petition for vaccine compensation filed on or about November 1, 2019,
in the United States Court of Federal Claims as petition No. 19-1704V.
14. If petitioner should die prior to entry of judgment, this agreement shall be
voidable upon proper notice to the Court on behalf of either or both of the parties.
15. If the special master fails to issue a decision in complete conformity with the
terms of this Stipulation or if the Court of Federal Claims fails to enter judgment in conformity
with a decision that is in complete conformity with the terms of this Stipulation, then the parties’
settlement and this Stipulation shall be voidable at the sole discretion of either party.
16. This Stipulation expresses a full and complete negotiated settlement of liability
and damages claimed under the National Childhood Vaccine Injury Act of 1986, as amended,
except as otherwise noted in paragraph 9 above. There is absolutely no agreement on the part of
the parties hereto to make any payment or to do any act or thing other than is herein expressly
stated and clearly agreed to. The parties further agree and understand that the award described in
this Stipulation may reflect a compromise of the parties’ respective positions as to liability and/or
amount of damages, and further, that a change in the nature of the injury or condition or in the
items of compensation sought, is not grounds to modify or revise this agreement.
17. This Stipulation shall not be construed as an admission by the United States or the
Secretary of Health and Human Services that the flu vaccine caused petitioner’s alleged right
shoulder injury or any other injury or her current condition.
4

Case 1:19-vv-01704-UNJ Document 57 Filed 07/15/22 Page 7 of 8
18. All rights and obligations of petitioner hereunder shall apply equally to
petitioner’s heirs, executors, administrators, successors, and/or assigns.
END OF STIPULATION
5

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