VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-01676 Package ID: USCOURTS-cofc-1_20-vv-01676 Petitioner: Jacqueline Bowling Filed: 2023-04-07 Decided: 2023-05-09 Vaccine: influenza Vaccination date: 2019-11-19 Condition: Shoulder Injury Related to Vaccine Administration (SIRVA) Outcome: compensated Award amount USD: 68949 AI-assisted case summary: Jacqueline Bowling filed a petition for compensation under the National Vaccine Injury Compensation Program on April 7, 2023, alleging she suffered a Table injury, Shoulder Injury Related to Vaccine Administration (SIRVA), as a result of her November 19, 2019 influenza vaccination. She stated the vaccine was administered in the United States, her injury had residual effects for more than six months, and she had no prior award or settlement for this injury. Respondent denied that petitioner sustained a SIRVA Table Injury, denied that the injury was caused-in-fact by the vaccine, and denied any other vaccine-related injury. Despite these denials, the parties filed a joint stipulation on April 3, 2023, agreeing to an award of compensation. The court found the stipulation reasonable and adopted it as its decision. Jacqueline Bowling was awarded $67,000.00 as a lump sum payment and $1,949.91 to reimburse a Medicaid lien for services rendered by the Commonwealth of Kentucky. This award represents compensation for all items of damages available under Section 15(a). Theory of causation field: Table Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_20-vv-01676-0 Date issued/filed: 2023-05-09 Pages: 8 Docket text: PUBLIC DECISION (Originally filed: 04/07/2023) regarding 34 DECISION Stipulation/Proffer, ( Signed by Chief Special Master Brian H. Corcoran. )(mpj) Service on parties made. -------------------------------------------------------------------------------- Case 1:20-vv-01676-UNJ Document 38 Filed 05/09/23 Page 1 of 8 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 20-1676V UNPUBLISHED JACQUELINE BOWLING, Chief Special Master Corcoran Petitioner, Filed: April 7, 2023 v. Special Processing Unit (SPU); Joint SECRETARY OF HEALTH AND Stipulation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. Benjamin Patrick Warder, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON JOINT STIPULATION1 On November 24, 2020, Jaqueline Bowling 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 Table injury – Shoulder Injury Related to Vaccine Administration (“SIRVA”) – as a result of her November 19, 2019 influneza (“flu”) vaccination. Petition at 1; Stipulation, filed at April 3, 2023, ¶¶ 1-2, 4. Petitioner further alleges the vaccine was administered within the United States, that she suffered the residual effects of her injury for more than six months, and that there has been no prior award or settlement of a civil action on her behalf as a result of her injury. See Petition at ¶¶ 4-6; Stipulation at ¶¶ 3-5. Respondent “denies that petitioner sustained a SIRVA Table Injury, denies that petitioner’s alleged shoulder injury was caused-in-fact by the flu vaccine, and denies that the flu vaccine caused petitioner 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-01676-UNJ Document 38 Filed 05/09/23 Page 2 of 8 Nevertheless, on April 3, 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. A lump sum of $67,000.00 in the form of a check payable to Petitioner; and b. A lump sum of $1,949.91, representing reimbursement of a Medicaid lien for services rendered to Petitioner by the Commonwealth of Kentucky, in the form of a check payable jointly to Petitioner and the Kentucky State Treasurer: Kentucky Medicaid Recovery Unit c/o Gainwell Technologies P.O. Box 2107 Frankfort, KY 40602 Petitioner agrees to endorse this check to Kentucky State Treasurer. 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-01676-UNJ Document 38 Filed 05/09/23 Page 3 of 8 Case 1:20-vv-01676-UNJ Document 38 Filed 05/09/23 Page 4 of 8 Case 1:20-vv-01676-UNJ Document 38 Filed 05/09/23 Page 5 of 8 Case 1:20-vv-01676-UNJ Document 38 Filed 05/09/23 Page 6 of 8 Case 1:20-vv-01676-UNJ Document 38 Filed 05/09/23 Page 7 of 8 Case 1:20-vv-01676-UNJ Document 38 Filed 05/09/23 Page 8 of 8