VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-00148 Package ID: USCOURTS-cofc-1_21-vv-00148 Petitioner: Jennifer Nicole Brown Filed: 2021-01-06 Decided: 2023-10-02 Vaccine: influenza Vaccination date: 2019-11-27 Condition: shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 69000 AI-assisted case summary: Jennifer Nicole Brown filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) from an influenza vaccination received on November 27, 2019. The petition was filed on January 6, 2021. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report conceding that Ms. Brown was entitled to compensation. The respondent determined that her claim met the Vaccine Injury Table criteria for SIRVA, noting no prior shoulder issues, onset of pain within 48 hours of vaccination, pain and reduced range of motion limited to the injection site, and no other condition explaining the symptoms. The respondent also confirmed the case was timely filed, the vaccine was administered in the United States, and the injury persisted for more than six months. A ruling on entitlement was issued on July 31, 2023, finding Ms. Brown entitled to compensation. Subsequently, on August 30, 2023, the respondent filed a proffer on award of compensation, proposing an award of $69,000.00 for pain and suffering, which Ms. Brown agreed to. A decision awarding damages was issued on October 2, 2023, granting Ms. Brown a lump sum payment of $69,000.00 for pain and suffering. Theory of causation field: Table Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_21-vv-00148-0 Date issued/filed: 2023-09-05 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 07/31/2023) regarding 32 Ruling on Entitlement. Signed by Chief Special Master Brian H. Corcoran. (kle) Service on parties made. -------------------------------------------------------------------------------- Case 1:21-vv-00148-UNJ Document 37 Filed 09/05/23 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 21-148V JENNIFER NICOLE BROWN, Chief Special Master Corcoran Petitioner, Filed: July 31, 2023 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Paul R. Brazil, Muller Brazil, LLP, Dresher, PA, for Petitioner. Bridget Corridon, U.S. Department of Justice, Washington, DC, for Respondent. RULING ON ENTITLEMENT1 On January 6, 2021, Jennifer Nicole Brown filed a petition2 for compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.3 (the “Vaccine Act”). Petitioner alleges that she suffered a shoulder injury related to vaccine administration (SIRVA) resulting from the influenza (flu) vaccination she received on November 27, 2019. Amended Petition at 1. Petitioner further alleges that the vaccination was administered within the United States, her SIRVA symptoms persisted for more than six months, and neither she, nor any other party, has ever filed any action or received compensation in the form of an award or settlement for her 1 Because this Ruling 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 Ruling 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 Petitioner filed an amended petition on October 25, 2021. ECF No. 12. 3 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-00148-UNJ Document 37 Filed 09/05/23 Page 2 of 2 vaccine-related injury. Petition at 1, 3. The case was assigned to the Special Processing Unit of the Office of Special Masters. On July 20, 2023, Respondent filed his Rule 4(c) report in which he concedes that Petitioner is entitled to compensation in this case. Respondent’s Rule 4(c) Report at 1. Respondent concluded that Petitioner’s claim meets the Vaccine Injury Table (Table) criteria for SIRVA. Id. at 5. Specifically, Respondent determined that “[P] petitioner had no history of pain, inflammation or dysfunction of the affected shoulder prior to intramuscular vaccine administration; she more likely than not suffered the onset of pain within forty-eight hours of vaccine administration; her pain and reduced range of motion were limited to the shoulder in which the intramuscular vaccine was administered; and there is no other condition or abnormality present that would explain [P]etitioner’s symptoms.” Id. Respondent further agrees that “the case was timely filed, that the vaccine was received in the United States, and that [P]etitioner satisfies the statutory severity requirement by suffering the residual effects or complications of her injury for more than six months after vaccine administration.” Id. In view of Respondent’s position and the evidence of record, I find that Petitioner is entitled to compensation. IT IS SO ORDERED. s/Brian H. Corcoran Brian H. Corcoran Chief Special Master 2 ================================================================================ DOCUMENT 2: USCOURTS-cofc-1_21-vv-00148-1 Date issued/filed: 2023-10-02 Pages: 5 Docket text: PUBLIC DECISION (Originally filed: 08/30/2023) regarding 35 DECISION Stipulation/Proffer. Signed by Chief Special Master Brian H. Corcoran. (kle) Service on parties made. -------------------------------------------------------------------------------- Case 1:21-vv-00148-UNJ Document 40 Filed 10/02/23 Page 1 of 5 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 21-148V JENNIFER NICOLE BROWN, Chief Special Master Corcoran Petitioner, Filed: August 30, 2023 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Paul R. Brazil, Muller Brazil, LLP, Dresher, PA, for Petitioner. Bridget Corridon, U.S. Department of Justice, Washington, DC, for Respondent. DECISION AWARDING DAMAGES1 On January 6, 2021, Jennifer Nicole Brown filed a petition2 for compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.3 (the “Vaccine Act”). Petitioner alleges that she suffered a shoulder injury related to vaccine administration (SIRVA) resulting from the influenza (flu) vaccination she received on November 27, 2019. Amended Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. On July 31, 2023, a ruling on entitlement was issued, finding Petitioner entitled to compensation for SIRVA. On August 30, 2023, Respondent filed a proffer on award of compensation (“Proffer”) indicating Petitioner should be awarded $69,000.00 in pain and suffering. Proffer at 1. In the Proffer, Respondent represented that Petitioner agrees with 1 Because this Decision 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 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 Petitioner filed an amended petition on October 25, 2021. ECF No. 12. 3 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-00148-UNJ Document 40 Filed 10/02/23 Page 2 of 5 the proffered award. Id. at 2. Based on the record as a whole, I find that Petitioner is entitled to an award as stated in the Proffer. Pursuant to the terms stated in the attached Proffer, I award Petitioner a lump sum payment of $69,000.00 in pain and suffering in the form of a check payable to Petitioner. This amount represents compensation for all damages that would be available under Section 15(a). The Clerk of Court is directed to enter judgment in accordance with this decision.4 IT IS SO ORDERED. s/Brian H. Corcoran Brian H. Corcoran Chief Special Master 4 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 1:21-vv-00148-UNJ Document 40 Filed 10/02/23 Page 3 of 5 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS ) JENNIFER NICOLE BROWN, ) ) Petitioner, ) ) No. 21-148V v. ) Chief Special Master Corcoran ) ECF SECRETARY OF HEALTH AND HUMAN ) SERVICES, ) ) Respondent. ) ) RESPONDENT’S PROFFER ON AWARD OF COMPENSATION On January 6, 2021, Jennifer Nicole Brown (“petitioner”) filed a petition for compensation under the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-1 to -34 (“Vaccine Act” or “Act”), alleging that she suffered a Shoulder Injury Related to Vaccine Administration (“SIRVA”), as defined in the Vaccine Injury Table, following administration of an influenza vaccine she received on November 27, 2019. Petition at 1-2. On July 20, 2023, the Secretary of Health and Human Services (“respondent”) filed a Rule 4(c) Report indicating that this case is appropriate for compensation under the terms of the Act for a SIRVA Table injury, and on July 31, 2023, the Chief Special Master issued a Ruling on Entitlement finding petitioner entitled to compensation. ECF No. 31; ECF No. 32. I. Items of Compensation A. Pain and Suffering Respondent proffers that petitioner should be awarded $69,000.00 in pain and suffering. See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees. Case 1:21-vv-00148-UNJ Document 40 Filed 10/02/23 Page 4 of 5 This amount represent all elements of compensation to which petitioner is entitled under 42 U.S.C. § 300aa-15(a). Petitioner agrees. II. Form of the Award Petitioner is a competent adult. Evidence of guardianship is not required in this case. Respondent recommends that the compensation provided to petitioner should be made through a lump sum payment as described below and requests that the Chief Special Master’s decision and the Court’s judgment award the following1: a lump sum payment of $69,000.00, in the form of a check payable to petitioner. III. Summary of Recommended Payments Following Judgment Lump sum payable to petitioner, Jennifer Brown: $69,000.00 Respectfully submitted, BRIAN M. BOYNTON Principal Deputy Assistant Attorney General C.SALVATORE D’ALESSIO Director Torts Branch, Civil Division HEATHER L. PEARLMAN Deputy Director Torts Branch, Civil Division LARA A. ENGLUND Assistant Director Torts Branch, Civil Division 1 Should petitioner die prior to entry of judgment, the parties reserve the right to move the Court for appropriate relief. In particular, respondent would oppose any award for future lost earnings and future pain and suffering. 2 Case 1:21-vv-00148-UNJ Document 40 Filed 10/02/23 Page 5 of 5 /s/ Bridget A. Corridon BRIDGET A. CORRIDON Trial Attorney Torts Branch, Civil Division U.S. Department of Justice P.O. Box 146, Ben Franklin Station Washington, D.C. 20044-0146 Tel: (202) 305-4117 Fax: (202) 616-4310 Email: bridget.corridon@usdoj.gov Date: August 30, 2023 3