VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-00023
Package ID: USCOURTS-cofc-1_21-vv-00023
Petitioner: Mary Cheatwood
Filed: 2021-01-04
Decided: 2024-12-03
Vaccine: influenza
Vaccination date: 2019-09-26
Condition: brachial neuritis
Outcome: compensated
Award amount USD: 50064

AI-assisted case summary:
Mary Cheatwood filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging injury from her September 26, 2019 influenza vaccination. Initially, she claimed a shoulder injury related to vaccine administration (SIRVA), but later amended her petition to allege brachial neuritis. She stated that her condition had residual effects lasting more than six months and that she had not received any prior award or settlement for this injury. Respondent denied that the flu vaccine caused her brachial neuritis or any other injury. Despite the denial, the parties filed a joint stipulation for an award of compensation. The court found the stipulation reasonable and awarded Mary Cheatwood a total of $50,064.79. This amount included a lump sum of $50,000.00 payable to her and $64.79 to reimburse the Alabama Medicaid Agency for services rendered. This award covers all items of damages available under the program. The decision was issued on December 3, 2024, following the stipulation filed on November 4, 2024. The petition was originally filed on January 4, 2021.

Theory of causation field:
unclear

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_21-vv-00023-0
Date issued/filed: 2024-12-03
Pages: 8
Docket text: PUBLIC DECISION (Originally filed: 11/4/2024) regarding 59 DECISION Stipulation/Proffer. Signed by Special Master Daniel T. Horner. (ksb) Service on parties made.
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Case 1:21-vv-00023-UNJ Document 65 Filed 12/03/24 Page 1 of 8
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 21-23V
Filed: November 4, 2024
MARY CHEATWOOD,
Petitioner,
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
David John Carney, Green & Schafle, LLC, Philadelphia, PA, for petitioner.
Madelyn Weeks, U.S. Department of Justice, Washington, DC, for respondent.
DECISION ON JOINT STIPULATION1
On January 4, 2021, petitioner filed a petition for compensation under the
National Vaccine Injury Compensation Program, 42 U.S.C. § 300aa-10, et seq. (2012)
(“Vaccine Act”).2 Petitioner initially alleged that she suffered a shoulder injury related to
vaccine administration (“SIRVA”) as a result of her September 26, 2019 influenza (“flu”)
vaccination. Petition at 1. However, she subsequently filed an amended petition on
March 8, 2023, alleging that she suffers brachial neuritis as a result of her September
26, 2019 flu vaccination. Amended Petition at 1; Stipulation, filed November 4, 2024, at
¶ 4. Petitioner further alleges that she has experienced the residual effects of her
condition for more than six months, that there has been no prior award or settlement of
a civil action for damages as a result of her condition, and that her vaccine was
administered in the United States. Amended Petition at 1, 6; Stipulation at ¶¶ 3-5.
“Respondent denies that petitioner’s alleged brachial neuritis or its residual effects were
caused-in-fact by the flu vaccine; and denies that the flu vaccine caused petitioner any
other injury or petitioner’s current condition. ” Stipulation at ¶ 6.
1 Because this document contains a reasoned explanation for the action taken in this case, it must be
made publicly accessible and will be posted on the United States Court of Federal Claims' website, and/or
at https://www.govinfo.gov/app/collection/uscourts/national/cofc, in accordance with the E-Government
Act of 2002. 44 U.S.C. § 3501 note (2018) (Federal Management and Promotion of Electronic
Government Services). This means the document 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 “§” references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C.
§ 300aa (2012).

Case 1:21-vv-00023-UNJ Document 65 Filed 12/03/24 Page 2 of 8
Nevertheless, on November 4, 2024, 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 the decision of the Court in 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 $50,000.00 in the form of a check payable to
petitioner. Stipulation at ¶ 8.
• A lump sum of $64.79 in the form of a check payable jointly to
petitioner and the Alabama Medicaid Agency at the following address:
HMS
TPL Recovery Unit
P.O. Box 240756
Montgomery, AL 36124
Id. This amount represents reimbursement of a Medicaid lien for services
rendered to petitioner by the Alabama Medicaid Agency. Id. Petitioner
agrees to endorse this check to HMS.
These amounts represent compensation for all items of damages that would be
available under § 15(a). Id.
In the absence of a motion for review filed pursuant to RCFC Appendix B, the
clerk of the court is directed to enter judgment in accordance with this decision.3
IT IS SO ORDERED.
s/Daniel T. Horner
Daniel T. Horner
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

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