VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-00155
Package ID: USCOURTS-cofc-1_21-vv-00155
Petitioner: Gertrude Brown
Filed: 2021-01-06
Decided: 2023-10-26
Vaccine: SIRVA
Vaccination date: 2020-03-04
Condition: left shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 22500

AI-assisted case summary:
Gertrude Brown filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she suffered a shoulder injury related to vaccine administration (SIRVA) resulting from hepatitis A, meningococcal, and polio vaccines received on March 4, 2020. She also received a Typhoid vaccination and a Yellow Fever vaccine on the same date. Respondent denied that Ms. Brown sustained a Table injury for SIRVA, denied that the vaccines caused her alleged shoulder injury or any other injury, and denied that her current condition is a sequela of a vaccine-related injury. Despite these denials, the parties filed a joint stipulation agreeing that a decision should be entered awarding compensation. The court adopted the stipulation as its decision, awarding Ms. Brown a lump sum of $22,500.00. This amount represents compensation for all items of damages available under the Vaccine Act. The parties agreed that this stipulation represents a full and complete negotiated settlement of liability and damages claimed under the Act, and that it is not an admission by the United States or the Secretary of Health and Human Services that the vaccines caused Ms. Brown's alleged shoulder injury or any other injury.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_21-vv-00155-0
Date issued/filed: 2023-10-26
Pages: 9
Docket text: PUBLIC DECISION (Originally filed: 09/26/2023) regarding 36 DECISION Stipulation/Proffer, Signed by Chief Special Master Brian H. Corcoran. (ppa) Service on parties made.
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Case 1:21-vv-00155-UNJ Document 40 Filed 10/26/23 Page 1 of 9
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 21-155V
GERTRUDE BROWN, Chief Special Master Corcoran
Petitioner, Filed: September 26, 2023
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Amy A. Senerth, Muller Brazil, LLP, Dresher, PA, for Petitioner.
Meghan Murphy, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION ON JOINT STIPULATION1
On January 6, 2021, Gertrude 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 shoulder injury related to vaccine
administration (SIRVA) resulting from hepatitis A, meningococcal, and polio vaccines
received on March 4, 2020. Petition at 1. Stipulation, filed at September 22, 2023, ¶¶ 1-
2. Petitioner further alleges that the vaccinations were administered within the United
States, her injuries and sequelae lasted more than six months, and neither she, nor any
other party, has ever filed any action or received any compensation in the form of an
award or settlement for her vaccine-related injuries. Petition at 1-2; Stipulation at ¶¶ 3-5.
“Respondent denies that [P]etitioner sustained a Table injury for SIRVA, denies that the
vaccine caused [P]etitioner’s alleged shoulder injury or any other injury, and denies that
her current condition is a sequela of a vaccine-related injury.” Stipulation at ¶ 6.
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 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-00155-UNJ Document 40 Filed 10/26/23 Page 2 of 9
Nevertheless, on September 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 $22,500.00 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

CaVsien e1s:2ig1n- vDvo-0c0u1m5e5n-tU IDN:J 0 3 C DFoAc7uCm9e-0n1t F410- 4 5 8FAile-BdD 160F/-2F61/2031 9 5 A P6aBg9e7 33 of 9
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
)
GERTRUDE BROWN, )
)
Petitioner, )
) No. 21-155V
v. ) Chief Special Master Corcoran
) ECF
SECRETARY OF HEALTH AND )
HUMAN SERVICES, )
)
Respondent. )
)
STIPULATION
The parties hereby stipulate to the following matters:
1. Gertrude Brown ("petitioner''), filed a petition for vaccine compensation under the
National Vaccine Injury Compensation Program, 42 U.S.C. § 300aa-10 to 34 (the "Vaccine
Program"). The petition seeks compensation forinjuriesallegedly related to petitioner's receipt
of a Hepatitis A ("Hep A") vaccine, a Meningococcal vaccine, and a Polio vaccine, which
vaccines are contained in the Vaccine Injury Table (the "Table"), 42 C.F.R. § 100.3(a).
2. Petitioner received Hep A and Meningococcal vaccines in her left arm on March 4,
2020.1
3. The vaccines were administered within the United States.
1 On the same date, petitioner also received a Typhoid vaccination in her left arm and Yellow Fever and Polio
vaccinations in her right arm. The Typhoid and Yellow Fever vaccines are not included in the Table, and petitioner
has not alleged that she suffered from a right SIRVA.
The signed document can be validated at https://app.vinesign.comNerify

Case 1:21-vv-00155-UNJ Document 40 Filed 10/26/23 Page 4 of 9
4. Petitioner alleges that she sustained a left shoulder injury related to vaccine
administration ("SIRVA") from the Hep A, Meningococcal, and Polio vaccines.2 She further
alleges that she experienced the residual effects of this.condition for more than six months.
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.
6. Respondent denies that petitioner sustained a Table injury for SIRVA, denies that the
vaccine caused petitioner's alleged 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-2l(a)(l), the Secretary of Health and Human Services will issue
the following vaccine compensation payment:
A lump sum of$22,S00.00 in the form of a check payable t~ petitioner. This amount
represents compensation for all damages that would be available under 42 U.S.C.
§ 300aa-15(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
• • th • ·11 bmit to further proceedings before
U.S.C. § 300aa-21(a)(l), and an apphcat1on, e parties w1 su
2 Petitioner did not receive the Polio vaccine in her left ann.
2

Case 1:21-vv-00155-UNJ Document 40 Filed 10/26/23 Page 5 of 9
the special master to award reasonable attorneys' fees and costs incurred in proceeding upon this
petition.
I 0. 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
under 42 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
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 and any amounts awarded pursuant to
paragraph 9 of this Stipulation will be made in accordance with 42 U.S.C. § 300aa-15(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 attorney's fees and litigation costs, and past unreimbursable 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-15(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
individual capacity, and on behalf of her 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
3

Case 1:21-vv-00155-UNJ Document 40 Filed 10/26/23 Page 6 of 9
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 personaJ injuries to or death of petitioner resulting
from, or alleged to have resulted from, the Hep A, Meningococcal, and Polio vaccinations
administered on March 4, 2020, as identified in a petition for vaccine compensation filed on or
about January 6, 2021, in the United States Court of Federal Claims as petition No. 21-155V.
14. If petitioner should die prior to entry ofj udgment, this agreement shall be voidable
upon proper notice to the Court on behalf of either 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 in conformity with a
decision that is in complete conformity with the terms of this Stipulation, then the parties'
settlement and this Stipulation shall be voidable at the sole discretion of either 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 that the Hep A vaccine, the Meningococcal vaccine, or
4

Case 1:21-vv-00155-UNJ Document 40 Filed 10/26/23 Page 7 of 9
the Polio vaccine caused petitioner's alleged shoulder injury or any other injury or her current
disabilities, or that petitioner suffered an injury contained in the Vaccine Injury Table.
18. AJJ rights and obligations of petitioner hereunder shall apply equally to petitioner's
heirs, executors, administrators, successors, and/or assigns.
END OF STIPULATION
5

Case 1:21-vv-00155-UNJ Document 40 Filed 10/26/23 Page 8 of 9
Respectfully submitted,
PETITIONER:
GERTRUDE BROWN
ATTORNEY OF RECORD FOR
AU'fHORIZED REPRESENTATIVE
PETITIONER:
OF 1llE ATTORNEY GENERAL:
~~
AMYSENERTH
HEATHER L. PEARLMAN
Muller Brazil
Deputy Director
715 Twining Road, Suite 208 Torts Branch
Drescher, PA 19025 Civil Division
(215) 885-1655 U.S. Department of Justice
amy@mullerbrazil.com P.O. Box 146
Benjamin Franklin Station
Washington, DC 20044-0146
AUTHORIZED REPRESENTATIVE ATTORNEY OF RECORD FOR
OFTHESECRETARYOFHEALffl RESPONDENT:
AND HUMAN SERVICES:
=~=~
He nry P• Olgilallyslgned by
Hl,i,yP.Mcm lan·S3
2
by Mcmillan -S3
CDR GEORGE REED GRIMES, MD, MPH ~ --~--+-+----_.t
Director, Division oflnjury
Compensation Programs Torts Branch
Health Systems 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 Humans Services Washington, DC 20044-0146
5600 Fishers Lane, 08N 146B (202) 616-4264
Rockville, MD 208S7 meghan.r.murphy@usdoj.gov
6

Case 1:21-vv-00155-UNJ Document 40 Filed 10/26/23 Page 9 of 9
Vineslgn
Docume-nt Status .,, 511J1ed & Verified
Docurnttlt Name Sdpuladcn. Gertrude Bn,wn
S-dorNam• Mullff Brazl
Documem: ""1 03CFA70-0I F1 •-4S8. ..8 06F-FI 019511611!73
Recipient 1 IPAddNtU
Gertrude Brown 172$.33.121
pudllebrownl Oa,nallcom
(S71)337◄160
order I
Document History
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•
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Document Completed 0o--
= IXS8237EOS323369A9888805Cl1B2/7773Cl32\.7ESU.105Sll8021l50
09<1512023 :lQ39 UTC
@ 0911512023 20:3S Gertrude Viewed by Gertrude Brown ((S71)337--4160)
UTC Brown
Document Viewed
@ 0911S/202320:3S Gertrude Viewed by Gertrude 8rown((S71)337--4160)
UTC Brown
Document Viewed
4 0911512023 20:3S Gertrude Sent out via eman to Gertrude Brown (puchlebrown1@grnallcom)
UTC Brown
Document Sent
4 09/1 512023 20:3S Gertrude Sent out w telCt to Gertrude Brown ((571) 337--4160)
UTC Brown
Document Sent
I 09/1512023 20:3S Created by MIAler Brazl (medlcalrecords@myvacclnela~r.com)
l/TC
Document Created