VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-00761 Package ID: USCOURTS-cofc-1_20-vv-00761 Petitioner: Geraldine Talley Filed: 2020-06-24 Decided: 2022-06-16 Vaccine: influenza Vaccination date: 2018-09-05 Condition: shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 32500 AI-assisted case summary: Geraldine Talley filed a petition for compensation under the National Vaccine Injury Compensation Program on June 24, 2020. She alleged that she suffered a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on September 5, 2018. Ms. Talley stated that the vaccine was administered in the United States and that no civil suit or prior compensation had been sought for her injury. The respondent denied that Petitioner sustained a SIRVA Table injury within the Table timeframe and denied that the flu vaccine caused her alleged right shoulder injury, any other injury, or her current condition. Despite these denials, the parties filed a joint stipulation on May 4, 2022, agreeing that compensation should be awarded. Chief Special Master Brian H. Corcoran reviewed the stipulation, found it reasonable, and adopted it as his decision. He awarded Geraldine Talley a lump sum of $32,500.00 as compensation for all items of damages, payable to Petitioner via check. The decision was filed on June 16, 2022. The public decision does not describe the specific onset of symptoms, medical examinations, diagnostic tests, or treatments. Petitioner was represented by Bridget Candace McCullough of Muller Brazil, LLP, and Respondent was represented by Matthew Murphy of the U.S. Department of Justice. Theory of causation field: Petitioner Geraldine Talley alleged a shoulder injury related to vaccine administration (SIRVA) following an influenza vaccine on September 5, 2018. Respondent denied that Petitioner sustained a SIRVA Table injury within the Table timeframe and denied that the flu vaccine caused the alleged injury. The parties filed a joint stipulation agreeing to an award. Chief Special Master Brian H. Corcoran adopted the stipulation, awarding a lump sum of $32,500.00 for all damages. The public text does not detail the specific mechanism of injury, expert testimony, or the basis for the stipulation beyond the parties' agreement. The theory of causation is based on the "Table" injury classification for SIRVA. The decision date was June 16, 2022. Petitioner's counsel was Bridget Candace McCullough, and Respondent's counsel was Matthew Murphy. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_20-vv-00761-0 Date issued/filed: 2022-06-16 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 05/04/2022) regarding 40 DECISION Stipulation/Proffer, Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made. -------------------------------------------------------------------------------- Case 1:20-vv-00761-UNJ Document 44 Filed 06/16/22 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 20-0761V UNPUBLISHED GERALDINE TALLEY, Chief Special Master Corcoran Petitioner, Filed: May 4, 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) Bridget Candace McCullough, Muller Brazil, LLP, Dresher, PA, for Petitioner. Matthew Murphy, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON JOINT STIPULATION1 On June 24, 2020, Geraldine Talley 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”), a defined Table injury, after receiving the influenza vaccine on September 5, 2018. Petition at 1, ¶ 2; Stipulation, filed at May 4, 2022, ¶¶ 1-2, 4. Petitioner further alleges that she received the vaccine in the United States and that neither she nor any other party has filed a civil case or received compensation for her SIRVA injury. Petition at ¶¶ 2, 13-14; Stipulation at ¶¶ 3-5. “Respondent denies that [P]etitioner sustained the onset of a SIRVA Table injury within the Table timeframe and further denies that the flu vaccine caused [P]etitioner’s alleged right shoulder injury, any other injury, or her current condition.” 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 1:20-vv-00761-UNJ Document 44 Filed 06/16/22 Page 2 of 7 Nevertheless, on May 4, 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 lump sum of $32,500.00 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 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 1:20-vv-00761-UNJ Document 44 Filed 06/16/22 Page 3 of 7 Case 1:20-vv-00761-UNJ Document 44 Filed 06/16/22 Page 4 of 7 Case 1:20-vv-00761-UNJ Document 44 Filed 06/16/22 Page 5 of 7 Case 1:20-vv-00761-UNJ Document 44 Filed 06/16/22 Page 6 of 7 Case 1:20-vv-00761-UNJ Document 44 Filed 06/16/22 Page 7 of 7