VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-00284
Package ID: USCOURTS-cofc-1_21-vv-00284
Petitioner: Bonnie Wells
Filed: 2021-01-07
Decided: 2024-09-27
Vaccine: influenza
Vaccination date: 2019-10-24
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 61625

AI-assisted case summary:
Bonnie Wells filed a petition for vaccine compensation on January 7, 2021, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) after receiving influenza and Tdap vaccinations on October 24, 2019. She claimed the injury caused residual effects lasting more than six months. Respondent denied that the vaccines caused her alleged SIRVA or any other injury. Despite these denials, the parties filed a joint stipulation on August 27, 2024, agreeing that compensation should be awarded. The court adopted the stipulation as its decision, awarding Bonnie Wells a lump sum of $61,625.00. This amount represents compensation for all damages available under the Vaccine Act. The case proceeded as a Table claim, as SIRVA is listed on the Vaccine Injury Table. The stipulation also noted that the parties would submit to further proceedings for reasonable attorneys' fees and costs.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_21-vv-00284-0
Date issued/filed: 2024-09-27
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 08/28/2024) regarding 37 DECISION Stipulation/Proffer. Signed by Chief Special Master Brian H. Corcoran. (kle) Service on parties made.
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Case 1:21-vv-00284-UNJ Document 38 Filed 09/27/24 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 21-284V
BONNIE WELLS, Chief Special Master Corcoran
Petitioner, Filed: August 28, 2024
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Leah V. Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC, for Petitioner.
Jamica M. Littles, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION ON JOINT STIPULATION1
On January 7, 2021, Bonnie Wells 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”) after receiving influenza (“flu”) and tetanus/diphtheria/acellular
pertussis (“Tdap”) vaccinations on October 24, 2019. Petition at 1; Stipulation, filed at
August 27, 2024, ¶¶ 2-4. Petitioner further alleges that she suffered the residual effects
of the alleged injury for more than six months and that there has been no prior award or
settlement of a civil action for damages on petitioner’s behalf as a result of the alleged
injury. Stipulation at ¶¶ 4-5. “Respondent denies that petitioner’s alleged SIRVA or its
residual effects were caused-in-fact or significantly aggravated by the flu and Tdap
vaccines; and denies that the flu and Tdap vaccines caused petitioner any other injury or
petitioner’s current condition. ” 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 section references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. §
300aa (2018).

Case 1:21-vv-00284-UNJ Document 38 Filed 09/27/24 Page 2 of 7
Nevertheless, on August 27, 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 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 $61,625.00 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 1:21-vv-00284-UNJ Document 38 Filed 09/27/24 Page 3 of 7
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
BONNIE WELLS,
Petitioner, No. 21-284V
Chief Special Master Corcoran
v. ECF
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
STIPULATION
The parties hereby stipulate to the following matters:
I. Bonnie Wells ("petitioner") filed a petition for vaccine compensation under the
National Vaccine Injury Compensation Program, 42 U.S.C. § 300aa-lO to 34 (the "Vaccine
Program"). The petition seeks compensation for injuries allegedly related to petitioner's receipt
of influenza ("flu") and tetanus ("Tdap") vaccinations, which are vaccines that are contained in
the Vaccine Injury Table (the "Table"), 42 C.F.R. § 100.3(a).
2. Petitioner received flu and Tdap vaccines on October 24, 2019.
3. The vaccines were administered within the United States.
4. Petitioner alleges that she suffered a shoulder injury related to vaccine administration
("SIRVA") that was caused by the flu and Tdap vaccines. In the alternative, petitioner alleges
that she suffered a SIRVA that was caused-in-fact or significantly aggravated by the flu and
Tdap vaccines. Petitioner further alleges that she suffered the residual effects of the alleged
injury for more than six months.

Case 1:21-vv-00284-UNJ Document 38 Filed 09/27/24 Page 4 of 7
5. Petitioner represents that there has been no prior award or settlement of a civil action
for damages on petitioner's behalf as a result of the alleged injury.
6. Respondent denies that petitioner's alleged SIRVA or its residual effects were
caused-in-fact or significantly aggravated by the flu and Tdap vaccines; and denies that the flu
and Tdap vaccines caused petitioner any other injury or petitioner's current condition.
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 of judgment 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)(I}, the Secretary of Health and Human Services will issue
the following vaccine compensation payment for all damages that would be available under 42
U.S.C. § 300aa-15(a):
A lump sum of$61,62S.00 in the fonn of a check payable to petitioner.
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-2 I( a)( 1) , 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 petitioner's 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,
2

Case 1:21-vv-00284-UNJ Document 38 Filed 09/27/24 Page 5 of 7
Federal or State health benefits programs (other than Title XIX of the Social Security Act (42
U.S.C. § I 396 et seq.)), or by entities that provide health services on a pre-paid basis.
11. Payments 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 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-15(a) and (d), and subject to the conditions of 42 U.S.C.
§ 300aa-l 5(g) and (h).
13. ln return for the payments described in paragraphs 8 and 9, petitioner, in petitioner's
individual capacity, and on behalf of petitioner's 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 Coun of Federal Claims, under the National Vaccine Injury
Compensation Program, 42 U.S.C. § 300aa-10 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 and Tdap vaccinations
administered on October 24, 2019, as alleged in a petition for vaccine compensation filed on or
about January 7, 2021, in the United States Court of Federal Claims as petition No. 21-284V.
3

Case 1:21-vv-00284-UNJ Document 38 Filed 09/27/24 Page 6 of 7
14. If petitioner should die prior to entry of judgment, 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 tenns
of this Stipulation or if the Court of Federal Claims fails to enter judgment in confonnity with a
decision that is in complete conformity with the tenns 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.
I 7. This Stipulation shall not be construed as an admission by the United States or the
Secretary of Health and Human Services that the flu and Tdap vaccines caused petitioner's
alleged injury or any other injury or petitioner's current disabilities.
18. All rights and obligations of petitioner hereunder shall apply equally to petitioner's
heirs, executors, administrators, successors, and/or assigns.
END OF STIPULATION
4

Case 1:21-vv-00284-UNJ Document 38 Filed 09/27/24 Page 7 of 7
R~tfutly submitted,
PETlTIONER:
~Ma✓
BONNIE WELLS
ATTORNEY OF RECORD AUTHORIZED REPRESENTATIVE
FOR PETITIONER: OF THE ATTORNEY GENERAL:
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HEATHER L. PEARLMAN
Anomey for Petitioner Deputy Director
Law Offices of Leah V. Dt.aant. PLLC Torts Branch
1717 K Street, Suite 900 Civil Division
Washington. DC 20006 U.S. Department ofJ ustice
Tel: (202) 775-9200 P.O. Box 146
Fax: (202) 652• 1l 78 Benjamin Franklin Station
ldurant@durantllc.com Washington, DC 20044-0146
AUTHORIZED REPRESENTATIVE ATTORNEY OF RECORD FOR
OF THE SECRETARY OF HEALTH RESPONDENT:
AND HUMAN SERVICES:
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Jeffrey S. 111
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Be ac h •S 0 0. 1 C , . - : , > a 0 z 2 4,C8.12 f.Qr
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CAPT GEORGE REED GRIMES, MD, MPH J~ S •
Director, Division of Injury Trial Attorney
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 Human Services Washington. DC 20044-0146
5600 Fishers Lane. 08W-25A Tel: (202) 305--l014
Rockville, MD 20857 Email: jamica.m.linles@usdoj.ijm
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