VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-01646 Package ID: USCOURTS-cofc-1_20-vv-01646 Petitioner: Jeffery Braun Filed: 2023-02-22 Decided: 2023-03-27 Vaccine: influenza Vaccination date: 2019-09-21 Condition: left shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 15000 AI-assisted case summary: Jeffery Braun filed a petition for compensation under the National Vaccine Injury Compensation Program on February 22, 2023, alleging he suffered a left shoulder injury related to vaccine administration (SIRVA) following an influenza vaccine on September 21, 2019. Mr. Braun claimed this was a defined Table Injury and that he experienced residual effects for more than six months post-vaccination. The petition stated the vaccine was received in the United States and that neither he nor any other person had filed a civil action or received compensation for the alleged SIRVA. The Secretary of Health and Human Services, respondent, denied that Mr. Braun sustained a SIRVA Table injury, denied that the vaccine caused his alleged shoulder injury or any other injury, and denied that his current condition was a sequela of a vaccine-related injury. Despite the respondent's denials, on February 22, 2023, the parties filed a joint stipulation agreeing that compensation should be awarded. Chief Special Master Brian H. Corcoran found the stipulation reasonable and adopted it as the court's decision. Mr. Braun was awarded a lump sum of $15,000.00, payable to Petitioner, as compensation for all eligible damages. The decision was issued on March 27, 2023. Petitioner's counsel was Paul R. Brazil of Muller Brazil, LLP. Respondent's counsel was Nina Ren of the U.S. Department of Justice. The public decision does not describe the specific onset of symptoms, medical examinations, diagnostic tests, treatments, or expert witnesses. Theory of causation field: Petitioner Jeffery Braun alleged a left shoulder injury related to vaccine administration (SIRVA) following an influenza vaccine on September 21, 2019, which he claimed was a defined Table Injury with residual effects lasting more than six months. Respondent denied the SIRVA Table injury and causation. The parties filed a joint stipulation for compensation, which was adopted by Chief Special Master Brian H. Corcoran. The stipulation resulted in a $15,000.00 lump sum award for all eligible damages. The theory of causation was based on the "Table" category of injuries under the Vaccine Act. No specific medical experts or detailed causation mechanism were described in the public decision. The decision date was March 27, 2023, and the petition was filed on February 22, 2023. Attorneys involved were Paul R. Brazil for Petitioner and Nina Ren for Respondent. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_20-vv-01646-0 Date issued/filed: 2023-03-27 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 02/22/2023) regarding 27 DECISION Stipulation/Proffer ( Signed by Chief Special Master Brian H. Corcoran. )(mpj) Service on parties made. -------------------------------------------------------------------------------- Case 1:20-vv-01646-UNJ Document 31 Filed 03/27/23 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 20-1646V UNPUBLISHED JEFFERY BRAUN, Chief Special Master Corcoran Petitioner, Filed: February 22, 2023 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) Paul R. Brazil, Muller Brazil, LLP, Dresher, PA, for Petitioner. Nina Ren, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON JOINT STIPULATION1 On November 23, 2020, Jeffery Braun 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 he suffered a left shoulder injury related to vaccine administration (“SIRVA”), a defined Table Injury, following the receipt of an influenza vaccine on September 21, 2019. Petition at 1, ¶ 1; Stipulation, filed at Feb. 22, 2023, at ¶¶ 1-2, 4. Petitioner further alleges that he received the vaccine in the United States, that he suffered the residual effects of his SIRVA more than six months post-vaccination, and that neither he nor any other person has filed a civil action or received compensation for his SIRVA. Petition at ¶¶ 1, 5-7; Stipulation at ¶¶ 3-5. “Respondent denies that [P]etitioner sustained a SIRVA Table injury; denies that the vaccine caused [P]etitioner’s alleged shoulder injury, or any other injury; and denies that his current condition is a sequela of a vaccine-related injury.” Id. 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-01646-UNJ Document 31 Filed 03/27/23 Page 2 of 7 Nevertheless, on February 22, 2023, 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 $15,000.00 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). 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-01646-UNJ Document 31 Filed 03/27/23 Page 3 of 7 Case 1:20-vv-01646-UNJ Document 31 Filed 03/27/23 Page 4 of 7 Case 1:20-vv-01646-UNJ Document 31 Filed 03/27/23 Page 5 of 7 Case 1:20-vv-01646-UNJ Document 31 Filed 03/27/23 Page 6 of 7 Case 1:20-vv-01646-UNJ Document 31 Filed 03/27/23 Page 7 of 7