VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-01398
Package ID: USCOURTS-cofc-1_20-vv-01398
Petitioner: Diane Blake
Filed: 2020-10-15
Decided: 2022-10-07
Vaccine: influenza
Vaccination date: 2019-12-18
Condition: cardiomyopathy and nerve injury to her right shoulder/arm (SIRVA)
Outcome: compensated
Award amount USD: 45000

AI-assisted case summary:
Diane Blake filed a petition for compensation under the National Vaccine Injury Compensation Program on October 15, 2020. She alleged that an influenza (flu) vaccination received on December 18, 2019, caused her to suffer cardiomyopathy and nerve injury to her right shoulder/arm, also known as SIRVA. On the same date, she also received a pneumococcal polysaccharide vaccination. The respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused petitioner's alleged injuries, including SIRVA and nonischemic cardiomyopathy. Despite these denials, the parties reached a joint stipulation for settlement. The stipulation stated that the parties maintained their respective positions but agreed to resolve the issues. Chief Special Master Brian H. Corcoran reviewed the stipulation and found it reasonable, adopting it as the decision of the court. As per the stipulation, Diane Blake was awarded a lump sum of $45,000.00, payable by check to the petitioner, as compensation for all items of damages. The decision was issued on October 7, 2022. Petitioner was represented by Andrew Donald Downing of Downing, Allison & Jorgenson, and respondent was represented by Benjamin Patrick Warder of the U.S. Department of Justice. The public decision does not describe the onset of symptoms, specific clinical details of the injuries, diagnostic tests performed, or treatments received. The specific mechanism of injury was not detailed in the public decision.

Theory of causation field:
Petitioner Diane Blake alleged that an influenza vaccine administered on December 18, 2019, caused Shoulder Injury Related to Vaccine Administration (SIRVA) and nonischemic cardiomyopathy. Respondent denied that the flu vaccine caused these alleged injuries or any other condition. The parties filed a joint stipulation agreeing to a settlement, with respondent denying causation. The stipulation was adopted by Chief Special Master Brian H. Corcoran. Petitioner received a lump sum award of $45,000.00. The public text does not specify the medical experts consulted, the specific mechanism of injury, or the clinical details of the alleged injuries. The theory of causation is described as 'Off-Table' in the provided database fields, and the stipulation itself states that the flu vaccine is contained in the Vaccine Injury Table, but respondent denies a SIRVA Table Injury and causation-in-fact. Petitioner was represented by Andrew Donald Downing, and respondent by Benjamin Patrick Warder. The decision date was October 7, 2022.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_20-vv-01398-0
Date issued/filed: 2022-10-07
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 08/30/2022) regarding 33 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (nh) Service on parties made.
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Case 1:20-vv-01398-UNJ Document 39 Filed 10/07/22 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-1398V
UNPUBLISHED
DIANE BLAKE, Chief Special Master Corcoran
Petitioner, Filed: August 30, 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)
Andrew Donald Downing, Downing, Allison & Jorgenson, Phoenix, AZ , for Petitioner.
Benjamin Patrick Warder, U.S. Department of Justice, Washington, DC, for
Respondent.
DECISION ON JOINT STIPULATION1
On October 15, 2020, Diane Blake 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 cardiomyopathy and nerve injury to
her right shoulder/arm (SIRVA), which were caused-in-fact by the influenza (flu)
vaccination she received on December 18, 2019. Petition at 1, 4; Stipulation, filed at
August 26, 2022, ¶¶ 1-2. Petitioner further alleges that the vaccination was administered
within the United States, she experienced residual effects of this injury for more than six
months, and no civil action for damages as a result of her adverse reaction has been
brought, nor has any settlement or award in a civil action for damages for her vaccine-
related injury been previously collected. Petition at 1, 4; Stipulation at ¶¶ 3-5. “Respondent
denies that [P]etitioner sustained a SIRVA Table Injury, denies that [P]etitioner’s alleged
shoulder injury was caused-in-fact by the flu vaccine, denies that [P]etitioner’s alleged
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-01398-UNJ Document 39 Filed 10/07/22 Page 2 of 7
nonischemic cardiomyopathy was caused-in-fact by the flu vaccine, and denies that the
flu vaccine caused [P]etitioner any other injury or her current condition.” Stipulation at ¶ 6.
Nevertheless, on August 26, 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 $45,000.00 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-01398-UNJ Document 39 Filed 10/07/22 Page 3 of 7
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
)
DIANE BLAKE,
)
)
Petitioner,
) No. 20-1398V (ECF)
) Chief Special Master Corcoran
v.
)
)
SECRET ARY OF HEALT H
)
AND HUMAN SERVICES,
)
________________
Respondent. )
)
STIPULATION
The parties hereby stipulate to the following matters:
I. Diane Blake, petitioner, filed a petition for vaccine compensation under the National
Vaccine Injury Compensation Program, 42 U.S.C. § 300aa-10 to -34 ("Vaccine Program"). The
petition seeks compensation for injuries allegedly related to petitioner's receipt of the influenza
("flu") vaccine, which vaccine is contained in the Vaccine Injury Table ("Table"), 42 C.F.R.
§ 100.3(a).
2. Petitioner received the flu vaccination in her right shoulder on December 18, 2019.1
3. The vaccine was administered within the United States.
4. Petitioner alleges that she suffered a Shoulder Injury Related to Vaccine
Administration ("SIRVA") within the time period set forth in the Table, and that she experienced
residual effects of this injury for more than six months. Petitioner also alleges that her receipt of
the flu vaccine caused her to develop nonischemic cardiomyopathy.
1 Petitioner also received a pneumococcal polysaccharide (''Pneumovax 23 ") vaccination in her
right shoulder on the same date. Pneumococcal polysaccharide vaccines are not contained in the
Table.

Case 1:20-vv-01398-UNJ Document 39 Filed 10/07/22 Page 4 of 7
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.
6. Respondent denies that petitioner sustained a SIRVA Table Injury, denies that
petitioner's alleged shoulder injury was caused-in-fact by the flu vaccine, denies that petitioner's
alleged nonischemic cardiomyopathy was caused-in-fact by the flu vaccine, and denies that the
flu vaccine caused petitioner 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 ofj udgment reflecting a decision consistent with
the terms of th is Stipulation, and after petitioner has filed an election to receive compensation
pursuant to 42 U.S.C. § 300aa-21 (a)(l ), the Secretary of Health and Human Services will issue
the following vaccine compensation payment:
A lump sum of $45,000.00 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-l 5(a).
9. As soon as practicable after the entry ofj udgment 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)( I), and an application, the parties will submit to further proceedings before
the special master to award reasonable attorney 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
2

Case 1:20-vv-01398-UNJ Document 39 Filed 10/07/22 Page 5 of 7
expected to be made under any State compensation programs, insurance policies, Federal or
State health benefits programs ( otherthan 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 attomeys further agree and stipulate that, except for any award
for attorney fees and litigation costs, and past unreimbursable 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 itTevocably and unconditionally release, acquit and discharge the United States and
the Secretary of Health and Human Services from any and all actions, 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 brought in
the Court of Federal Claims, under the National Vaccine Injury Compensation Program, 42
U.S.C. § 300aa-l 0, 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 vaccines administered on or about December 18, 2019, as
alleged by petitioner in a petition for vaccine compensation filed on October 15, 2020, in the
United States Court of Federal Claims as petition No. 20-i 398V.
3

Case 1:20-vv-01398-UNJ Document 39 Filed 10/07/22 Page 6 of 7
14. If petitioner should die prior to entry ofj udgment, this agreement shall be voidable
upon proper notice to the Court on behalf of either or both of the parties.
15. If the Chief Special Master fails to issue a decision in complete confonnity with the
tenns of this Stipulation, or if the Court of Federal Claims fails to enter judgment in conformity
with a decision that is in complete confo1mity with the tenns 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 othe1wise 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 shoulder
injury, nonischemic cardiomyopathy, or any other injury, or that petitioner suffered an injury
contained in the Vaccine Injury Table.
18. All rights and obligations of petitioner hereunder shall apply equally to petitioner's
heirs, executors, administrators, successors, and/or assigns.
END OF STIPULATION
I
I
I
I
4

Case 1:20-vv-01398-UNJ Document 39 Filed 10/07/22 Page 7 of 7
Respectfully submitted,
ATTORNEY OF RECORD FOR AUTHORIZED REPRSENTATIVE
PETITIONER: OF THE ATTORNEY GENERAL:
A~ ! J : ; j
~~~e~
HEATHER L. PEARLMAN
Downing, Allison & Jorgenson Deputy Director
National Vaccine Injury Lawyers Torts Branch
3030 North Central Avenue, Suite 507 Civil Division
Phoenix, Arizona 85012 U.S. Department of Justice
(480) 701-0999 P.O. Box 146
adowning@daj-law.com Benjamin Franklin Station
Washington, DC 20044-0146
AUTHORIZED REPRESENTATIVE ATTORNEY OF RECORD FOR
OF THE SECRETARY OF HEAL TH RESPONDENT:
AND HUMAN SERVICES:
George R. Digitally signed by
George R. Grimes •S 14 ~ ---/7#~
Grimes -514 Date: 2022.07.29 11 :12:20
-04'00'
CDR GEORGE REED GRIMES, MD, MPH BENJAMIN P. WARDER
Director, Division oflnjury Trial Attorney
Compensation Programs Torts Branch
Health Systems Bureau Civil Division
Health Resources and Services U.S. Department of Justice
Administration P.O. Box 146
U.S. Department of Health Benjamin Franklin Station
and Human Services Washington, DC 20044-0146
5600 Fishers Lane, 08N 146B (202) 532-5464
Rockville, MD 20857 Benjamin.P.Warder@usdoj.gov
08/ztojzozz
Dated:
5