VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-00198 Package ID: USCOURTS-cofc-1_21-vv-00198 Petitioner: Karen Brown Filed: 2021-01-07 Decided: 2025-08-27 Vaccine: influenza Vaccination date: 2018-09-07 Condition: shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 167390.98 AI-assisted case summary: On January 7, 2021, Karen Brown filed a petition alleging that an influenza vaccination administered on September 7, 2018 caused a shoulder injury related to vaccine administration. She later filed an amended petition. Respondent conceded entitlement, and Chief Special Master Brian H. Corcoran found Ms. Brown entitled to compensation on May 4, 2023. Damages were later resolved by an oral ruling issued on August 25, 2025. The written decision incorporated that oral ruling and therefore does not repeat a full clinical timeline. On August 27, 2025, the Chief Special Master awarded $167,390.98. The award consisted of $165,000.00 for pain and suffering and $2,390.98 for past unreimbursable expenses. No additional future medical expense, wage loss, or other damages were awarded in the written decision. Ms. Brown was represented by Bridget McCullough of Muller Brazil. Theory of causation field: Influenza vaccine, September 7, 2018, adult exact age not stated, causing SIRVA. ENTITLEMENT GRANTED by concession, COMPENSATED after oral damages ruling. Award: $167,390.98 total, including $165,000 pain and suffering and $2,390.98 past unreimbursable expenses. The written decision incorporated the oral ruling and did not repeat the clinical history. Chief Special Master Corcoran, entitlement May 4, 2023 and damages August 27, 2025. Attorney Bridget McCullough. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_21-vv-00198-0 Date issued/filed: 2023-06-06 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 05/04/2023) regarding 38 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (nh) Service on parties made. -------------------------------------------------------------------------------- Case 1:21-vv-00198-UNJ Document 42 Filed 06/06/23 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 21-198V UNPUBLISHED KAREN BROWN, Chief Special Master Corcoran Petitioner, Filed: May 4, 2023 v. Special Processing Unit (SPU); SECRETARY OF HEALTH AND Ruling on Entitlement; Concession; HUMAN SERVICES, Table Injury; Influenza (Flu) Vaccine; Shoulder Injury Related to Vaccine Respondent. Administration (SIRVA) Bridget Candace McCullough, Muller Brazil, LLP, Dresher, PA, for Petitioner. Andrew Henning, U.S. Department of Justice, Washington, DC, for Respondent. RULING ON ENTITLEMENT1 On January 7, 2021, Karen Brown 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 filed an Amended Petition on May 15, 2021. Petitioner alleges that she suffered a Table injury – shoulder injury related to vaccine administration (“SIRVA”) – as a result of her September 7, 2018 influneza (“flu”) vaccination. Amended Petition at 1. Petitioner further alleges that she received the vaccine 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. Amended Petition at ¶¶ 2, 22-24. The case was assigned to the Special Processing Unit of the Office of Special Masters. 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 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 (2018). Case 1:21-vv-00198-UNJ Document 42 Filed 06/06/23 Page 2 of 2 On May 2, 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. Specifically, Respondent indicates “that [P]etitioner has satisfied the criteria set forth in the Vaccine Injury Table (“Table”) and the Qualifications and Aids to Interpretation (“QAI”) for SIRVA induced by flu vaccine.” Id. at 9-10 (citing 42 C.F.R. §§ 100.3(a)(XIV)(B), 100.3(c)(10)). Respondent further agrees that “the records show that [P]etitioner timely filed her case, that she received a flu vaccine in the United States, and that she satisfies the statutory severity requirement by suffering the residual effects or complications of her injury for more than six months after vaccine administration.” Id. at 10 (citing § 11(c)(1)(D)(i)). 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-00198-1 Date issued/filed: 2025-09-30 Pages: 3 Docket text: PUBLIC DECISION (Originally filed: 08/27/2025) regarding 68 DECISION of Special Master Signed by Chief Special Master Brian H. Corcoran. (nh) Service on parties made. -------------------------------------------------------------------------------- Case 1:21-vv-00198-UNJ Document 74 Filed 09/30/25 Page 1 of 3 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 21-198V KAREN BROWN, Chief Special Master Corcoran Petitioner, Filed: August 27, 2025 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Bridget Candace McCullough, Muller Brazil, LLP, Dresher, PA, for Petitioner. Jamica Marie Littles, U.S. Department of Justice, Washington, DC, for Respondent. DECISION AWARDING DAMAGES1 On January 7, 2021, Karen Brown 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 – a shoulder injury related to vaccine administration (“SIRVA”) - as a result of her receipt of an influenza vaccine on September 7, 2018. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. Because the parties could not informally resolve the issue of damages, they were ordered to file briefs setting forth their respective arguments and were notified that I would resolve this dispute via an expedited “Motions Day” hearing, which took place on August 25, 2025. 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 section references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. § 300aa (2018). Case 1:21-vv-00198-UNJ Document 74 Filed 09/30/25 Page 2 of 3 Petitioner seeks an award of $180,000.00 in compensation for Petitioner’s past pain and suffering, plus $30,000.00 for future pain and suffering. Respondent recommends an award of $110,000.00. (While other components of damages are to be awarded, only the amount of pain and suffering to be awarded was in dispute).3 At the August 25, 2025 hearing, I issued an oral ruling on damages constituting my findings of fact and conclusions of law, pursuant to Section 12(d)(3)(A). An official recording of the proceeding was taken by a court reporter, although a transcript has not yet been filed in this matter. I hereby fully adopt and incorporate that oral ruling as officially recorded. As discussed during my oral ruling, in another recent decision I discussed at length the legal standard to be considered in determining damages and prior SIRVA compensation within SPU. I fully adopt and hereby incorporate my prior discussion in Sections I and II of Timberlake v. Sec'y of Health & Hum. Servs., No. 20-1905V, 2025 WL 721730, at *1-3 (Fed. Cl. Spec. Mstr. Feb. 19, 2025) to the instant ruling and decision. Additionally, the official recording of my oral ruling includes my discussion of various comparable cases as well as specific facts relating to Petitioner’s medical history and experience that further informed my decision awarding damages herein. Based on my consideration of the complete record as a whole, and for the reasons discussed in my oral ruling, pursuant to Section 12(d)(3)(A), I find that $165,000.00 represents a fair and appropriate amount of compensation for Petitioner’s actual pain and suffering.4 I also find that Petitioner is entitled to $2,390.98 in actual unreimbursable expenses, based on the parties’ agreement. Accordingly, I award Petitioner a lump sum of $167,390.98 (representing an award of $165,000.00 for pain and suffering, and $2,390.98 in actual unreimbursable expenses) to be paid through an ACH deposit to Petitioner’s counsel’s IOLTA account for prompt disbursement. This amount represents compensation for all damages that would be available under Section 15(a). 3 The parties agreed to an award of $2,390.98 for unreimbursed expenses. 4 Since this amount is being awarded for actual, rather than projected, pain and suffering, no reduction to net present value is required. See Section 15(f)(4)(A); Childers v. Sec’y of Health & Hum. Servs., No. 96- 0194V, 1999 WL 159844, at *1 (Fed. Cl. Spec. Mstr. Mar. 5, 1999) (citing Youngblood v. Sec’y of Health & Hum. Servs., 32 F.3d 552 (Fed. Cir. 1994)). 2 Case 1:21-vv-00198-UNJ Document 74 Filed 09/30/25 Page 3 of 3 The Clerk of Court is directed to enter judgment in accordance with this Decision.5 IT IS SO ORDERED. s/Brian H. Corcoran Brian H. Corcoran Chief Special Master 5 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. 3