VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-01741
Package ID: USCOURTS-cofc-1_20-vv-01741
Petitioner: Keira S. Brooke
Filed: 2020-12-02
Decided: 2022-10-20
Vaccine: influenza
Vaccination date: 2019-09-21
Condition: left shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 56250

AI-assisted case summary:
Keira S. Brooke filed a petition for vaccine compensation on December 2, 2020, alleging injury from an influenza vaccine she received on September 21, 2019. She claimed to have sustained a left shoulder injury related to vaccine administration (SIRVA) within the timeframe specified by the Vaccine Injury Table, or alternatively, that the vaccine caused her shoulder injury. Ms. Brooke further alleged that the residual effects of this condition lasted for more than six months. The respondent, the Secretary of Health and Human Services, denied that Ms. Brooke sustained a SIRVA Table injury, denied that the vaccine caused her injury, and denied that her current condition was a sequela of a vaccine-related injury. Despite these denials, the parties reached a joint stipulation for damages. Chief Special Master Corcoran found the stipulation reasonable and adopted it as the decision awarding compensation. Ms. Brooke was awarded a lump sum of $56,250.00, representing compensation for all items of damages available under the Vaccine Act. This decision was entered on October 20, 2022.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_20-vv-01741-0
Date issued/filed: 2022-10-20
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 09/19/2022) regarding 28 DECISION Stipulation/Proffer, Signed by Chief Special Master Brian H. Corcoran. (nh) Service on parties made.
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Case 1:20-vv-01741-UNJ Document 32 Filed 10/20/22 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-1741V
UNPUBLISHED
KEIRA S. BROOKE, Chief Special Master Corcoran
Petitioner,
v. Filed: September 19, 2022
SECRETARY OF HEALTH AND Special Processing Unit (SPU); Joint
HUMAN SERVICES, Stipulation on Damages; Influenza
(Flu) Vaccine; Shoulder Injury
Respondent. Related to Vaccine Administration
(SIRVA).
Jeffrey S. Pop, Jeffrey S. Pop & Associates, Beverly Hills, CA, for Petitioner.
Alexa Roggenkamp, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION ON JOINT STIPULATION1
On December 2, 2020, Keira S. Brooke 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 received an influenza (“flu”) vaccine, which vaccine is contained
in the Vaccine Injury Table (the “Table”), 42 C.F.R. § 100.3(a), on September 21, 2019.
Petitioner alleges that she sustained a left shoulder injury related to vaccine
administration (SIRVA) within the time period set forth in the Table following
administration of the flu vaccine, or in the alternative, that her alleged shoulder injury was
caused by the flu vaccine. She further alleges that she experienced the residual effects
of this condition for more than six months.
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-01741-UNJ Document 32 Filed 10/20/22 Page 2 of 7
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.
Nevertheless, on September 19, 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 $56,250.00 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-01741-UNJ Document 32 Filed 10/20/22 Page 3 of 7
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
KEIRA S. BROOKE,
Petitioner,
v. No.20-1741V
Chief Special Master Corcoran
SECRET ARY OF HEALTH AND ECF
HUMAN SERVICES,
Respondent.
STIPULATION
The parties hereby stipulate to the following matters:
I. Keira S. Brooke ("petitioner") filed a petition for vaccine compensation under the
National Vaccine Injury Compensation Program, 42 U.S.C. §§ 300aa-l0 to -34 (the "Vaccine
Program"). The petition seeks compensation for injuries allegedly related to petitioner's receipt
of an influenza ("flu") vaccine, which is a vaccine contained in the Vaccine Injury Table (the
"Table"), 42 C.F.R. § I 00.3 (a).
2. Petitioner received the flu vaccine on September 21, 2019.
3. The vaccination was administered within the United States.
4. Petitioner alleges that she sustained a left shoulder injury related to vaccination
administration ("SIRVA") with in the time period set forth in the Table following administration
of the flu vaccine, or in the alternative, that her alleged shoulder injury was caused by the flu
vaccine. She further alleges that she experienced the residual effects of this alleged injury for
more than six months.

Case 1:20-vv-01741-UNJ Document 32 Filed 10/20/22 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 alleged injury or condition.
6. 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.
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 this Stipulation, and after petitioner has filed an election to receive compensation
pursuant to 42 U.S.C. § 300aa-21 (a)(I ), the Secretary of Health and Human Services will issue
the following vaccine compensation payment:
A lump sum of $56,250.00 in the form of a check payable to petitioner. This
amount represents compensation for all damages that would be available under42
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)(l), and an application, the parties will submit to further proceedings
before the special master to award reasonable attorneys' 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
under42 U.S.C. § 300aa-15(g), to the extent that payment has been made or can reasonably be
expected to be made under any State compensation programs, insurance policies, Federal or
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Case 1:20-vv-01741-UNJ Document 32 Filed 10/20/22 Page 5 of 7
State health benefits programs (other than 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 oft his Stipulation will be made in accordance with 42 U.S.C. § 300aa
I 5(i), subject to the availability of sufficient statutory funds.
12. The parties and their attorneys further agree and stipulate that, except for any award
for attorneys' fees and litigation costs, and past unreimbursed 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-l5(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
ind iv id ual capacity, and on behalf ofh er heirs, executors, administrators, successors or assigns,
does forever irrevocably and unconditionally release, acquit and discharge the United States and
the Secretary of Health and Human Services from any and all actions or 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 flu vaccination administered on September 21, 2019,
as alleged by petitioner in a petition for vaccine compensation filed on or about December 2,
2020, in the United States Court of Federal Claims as petition No. 20-1741 V.
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Case 1:20-vv-01741-UNJ Document 32 Filed 10/20/22 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 ofe ither or both of the parties.
15. If the special master fails to issue a decision in complete conformity with the terms
of this Stipulation or if the Court of Federal Claims fails to enter judgment inconformity with a
decision that is in complete confonnity with the terms of this Stipulation, then the parties'
settlement and this Stipulation shall be voidable at the sole discretion ofe ither 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 otherwise 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 thatthe flu vaccine caused petitioner's alleged injury or
any other injury or her current condition, 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
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Case 1:20-vv-01741-UNJ Document 32 Filed 10/20/22 Page 7 of 7
Respectfully submitted,
PETITIONER:
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KEIRA S. BROOKE
ATTORNEY OF RECORD AUTHORIZED REPRESENTATIVE
FOR PETITIONER: OF THE ATTORNEY GENERAL:
~ Mt~\.L -Q~---...__
HF.A THER L. PEARLMAN
Jeffrey S. Pop & Associates Deputy Director
91 SO Wilshire Blvd., Suite 241 Torts Branch
Beverly Hills, CA 90212 Civil Division
310-273-5462 U.S. Department of Justice
jpop@poplawyer.com P.O. Box 146
Benjamin Franklin Station
Washington, DC 20044-0146
AUTHORIZED REPRESENTATIVE ATTORNEY OF RECORD FOR
OF THE SECRETARY OF HEALTH RESPONDENT:
AND HUMAN SERVICES:
Pa& /J. ~Sc-,~~
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~ I ,.•.~ - ......_=--........__.,.......__.,,._ _ __,..,,,___
CDR GEORGE REED GRIMES! MD, MPH ALEXA ROGGENf
Director. Division of Injury Trial Attorney
Compensation Programs Tons Branch
Health System 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 146D 202-616-4179
Rockville, MD 20857 alexa.roggenkamp@usdoj.gov
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