VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-01015 Package ID: USCOURTS-cofc-1_20-vv-01015 Petitioner: Brenda Whipkey Filed: 2022-02-17 Decided: 2022-04-05 Vaccine: influenza Vaccination date: 2018-09-22 Condition: shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 30000 AI-assisted case summary: Brenda Whipkey filed a petition for compensation under the National Vaccine Injury Compensation Program on August 14, 2020. She alleged that she suffered a shoulder injury related to vaccine administration (SIRVA) as a result of an influenza vaccine administered on September 22, 2018. Ms. Whipkey stated that the vaccine was administered in the United States and that she has not experienced residual effects for more than six months, with no prior award or settlement for this injury. The respondent denied that petitioner sustained a SIRVA Table injury, denied that the vaccine caused her left shoulder injury, and denied that her current condition is a sequela of a vaccine-related injury. Despite these denials, the parties filed a joint stipulation on February 15, 2022, agreeing to an award of compensation. Chief Special Master Brian H. Corcoran found the stipulation reasonable and awarded Brenda Whipkey $30,000.00 as compensation for all items of damages in a lump sum. Petitioner's counsel was LeeAnne Pedrick of Maglio, Christopher, & Toale P.A., and respondent's counsel was Alexa Roggenkamp of the U.S. Department of Justice. The decision was issued on April 5, 2022. Theory of causation field: Petitioner Brenda Whipkey alleged a shoulder injury related to vaccine administration (SIRVA) following an influenza vaccine on September 22, 2018. Respondent denied a SIRVA Table injury, causation, and sequela. The parties filed a joint stipulation agreeing to compensation. Chief Special Master Brian H. Corcoran adopted the stipulation, awarding $30,000.00 as a lump sum to Petitioner. Petitioner was represented by LeeAnne Pedrick, and Respondent by Alexa Roggenkamp. The decision date was April 5, 2022. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_20-vv-01015-0 Date issued/filed: 2022-04-05 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 02/17/2022) regarding 37 DECISION Stipulation/Proffer, Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made. -------------------------------------------------------------------------------- Case 1:20-vv-01015-UNJ Document 40 Filed 04/05/22 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 20-1015V UNPUBLISHED BRENDA WHIPKEY, Chief Special Master Corcoran Petitioner, Filed: February 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) LeeAnne Pedrick, Maglio, Christopher, & Toale P.A., Washington, DC, for Petitioner. Alexa Roggenkamp, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON JOINT STIPULATION1 On August 14, 2020, Brenda Whipkey 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”) as a result of an influenza (“flu”) vaccine that was administered to her on September 22, 2018. Petition at 1-2, 8; Stipulation, filed February 15, 2022, at ¶¶ 1, 4. Petitioner further alleges that she received the vaccine in the United States, that she has not experienced the residual effects of her injury for more than six months, and there has been no prior award or settlement of a civil action for damages as a result of her alleged condition. Petition at 1-2, 8; Stipulation at ¶¶ 3-5. “Respondent denies that petitioner sustained a SIRVA Table injury; denies that the vaccine caused petitioner’s alleged left shoulder injury, or any other injury, and denies that her current condition is a sequela 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 1:20-vv-01015-UNJ Document 40 Filed 04/05/22 Page 2 of 7 Nevertheless, on February 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 lump sum of $30,000.00 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 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-01015-UNJ Document 40 Filed 04/05/22 Page 3 of 7 Case 1:20-vv-01015-UNJ Document 40 Filed 04/05/22 Page 4 of 7 Case 1:20-vv-01015-UNJ Document 40 Filed 04/05/22 Page 5 of 7 Case 1:20-vv-01015-UNJ Document 40 Filed 04/05/22 Page 6 of 7 Case 1:20-vv-01015-UNJ Document 40 Filed 04/05/22 Page 7 of 7