VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-00522
Package ID: USCOURTS-cofc-1_21-vv-00522
Petitioner: Cynthia Keith
Filed: 2021-11-11
Decided: 2023-11-08
Vaccine: influenza
Vaccination date: 2019-11-02
Condition: right shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 60000

AI-assisted case summary:
Cynthia Keith filed a petition for vaccine compensation on November 11, 2021, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) from an influenza vaccine received on November 2, 2019. She stated the vaccine was administered in the United States, she experienced residual effects for more than six months, and there had been no prior award or settlement. Respondent denied that Ms. Keith sustained a SIRVA Table injury, denied the vaccine caused her injury, and denied her condition was a sequela of a vaccine-related injury. Despite these denials, the parties reached a joint stipulation for settlement. The court found the stipulation reasonable and adopted it as its decision awarding damages. Ms. Keith was awarded a lump sum of $60,000.00 as compensation for all items of damages available under the Vaccine Act. The decision was entered on November 8, 2023.

Theory of causation field:
Table

Public staged source text:

================================================================================
DOCUMENT 1: USCOURTS-cofc-1_21-vv-00522-0
Date issued/filed: 2023-12-11
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 11/08/2023) regarding 38 DECISION Stipulation/Proffer, Signed by Chief Special Master Brian H. Corcoran. (nh) Service on parties made.
--------------------------------------------------------------------------------
Case 1:21-vv-00522-UNJ Document 42 Filed 12/11/23 Page 1 of 7
(cid:38)(cid:50)(cid:53)(cid:53)(cid:40)(cid:38)(cid:55)(cid:40)(cid:39)
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 21-0522V
CYNTHIA KEITH, Chief Special Master Corcoran
Petitioner, Filed: November 8, 2023
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Bridget Candace McCullough, Muller Brazil, LLP, Dresher, PA, for Petitioner.
Steven Santayana, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION ON JOINT STIPULATION1
On November 11, 2021, Cynthia Keith 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”) as a result of an influenza (“flu”) vaccine administered on
November 2, 2019. Petition at 1; Stipulation, filed on November 8, 2023, at ¶¶ 2, 4.
Petitioner further alleges that she received the vaccine in the United States, that she
experienced the residual effects of her injury for more than six months, and there has
been no prior award or settlement of a civil action as a result of her condition. Petition at
1-2; Stipulation at ¶¶ 3-5. “Respondent denies that [P]etitioner sustained a SIRVA Table
injury; 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.
1Because 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.
2National 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-00522-UNJ Document 42 Filed 12/11/23 Page 2 of 7
Nevertheless, on November 7, 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 $60,000.00 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-00522-UNJ Document 42 Filed 12/11/23 Page 3 of 7
Vlnesign Document ID: 5F8AC04E-E31 E-444F-A831-88EC3178D037
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
CYNTIIlA KEI1H,
Petitioner,
v. No. 21-S22V
Chief Special Master Corcoran
SECRETARY OF HEALTH AND
ECF
HUMAN SERVICES,
Respondent.
STIPULATION
The parties hereby stipulate to the following matters:
1. Cynthia Keith ("petitioner") filed a petition for vaccine compensation under the
National Vaccine Injury Compensation Proeran,, 42 U.S.C. § 300aa-10 to 34 (the "Vaccine
Program"). The petition seeks compensation for an injury allegedly related to petitioner's receipt
of the influenza ("flu") vaccine, which is a vaccine contained in the Vaccine Injury Table (the
"Table"), 42 C.F.R. § 100.3 (a).
2. Petitioner received the flu vaccine on November 2, 2019, in her right arm.
3. The vaccination was administered within the United States.
4. Petitioner alleges that she sustained a right shoulder injury related to vaccine
administration ("SIRVA") within the Table time period after receiving the flu vaccine, or
alternatively that the flu vaccine was the cause-in-fact of her alleged right shoulder irtjury; and
that she experienced the residual effects of this condition for more than six months.
S. 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.
The signed document can be validated at https://app.vinesign.comNerify

Case 1:21-vv-00522-UNJ Document 42 Filed 12/11/23 Page 4 of 7
6. Respondent denies that petitioner sustained a SIRVA Table injury; 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 tenns of this Stipulation, and after petitioner has filed an election to receive
compensation pursuant to 42 U.S.C. § 300aa-21 (a)(I), the Secretary of Health and Human
Services will ismie the following vaccine compensation payment
A lump sum of $60,000.00 in the fonn of a check payable to petitioner. This amount
represents compensation for all damages that would be available under 42 U.S.C.
§ 300aa-1S(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 U.S.C. § 300aa-21(a)(I), 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 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-l 5(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.
4

Case 1:21-vv-00522-UNJ Document 42 Filed 12/11/23 Page 5 of 7
11. Payment made pursuant to paragraph 8 of this Stipulation and any amounts
awarded pursuant to paragraph 9 of this Stipulation will be made in accordance with 42 U.S.C.
§ 300aa-1 S(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 attorneys' fees and litigation costs. and past unreimbursable expenses, the money
provided pursuant to this Stipulation will be used so]e)y for the benefit of petitioner as
contemplated by a strict construction of4 2 U.S.C. § 300aa-15(a) and (d), and subject to the
conditions of 42 U.S.C. § 300aa-IS(g) and (h).
13. In return for the payment described in paragraphs 8 and 9, petitioner, in her
individual capacity, and on behalfo f 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. los., 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 Court 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 vaccination administered on November 2, 2019, as
alleged by petitioner in a petition for vaccine compensation filed on or about January 11, 2021,
in the United States Court of Federal Claims as petition 2 l-S22V.
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 oft he parties.

Case 1:21-vv-00522-UNJ Document 42 Filed 12/11/23 Page 6 of 7
15. If the special master fails to issue a decision in complete confonnity with the
terms of this Stipulation or ift he Court of Federal Claims fails to enter judgment in confonnity
with a decision that is in complete confonnity 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 fulJ 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.
J7 . This Stipulation shall not be construed as an admission by the United States or the
Secretary of Health and Human Services that the flu vaccine caused petitioner's alleged SIRVA,
or any other injury, or her current condition, or that petitioner suffered an injury contained in the
Vaccine Injury Table.
J8 . All rights and obligations of petitioner hereunder shall apply equally to
petitioner's heirs, executors, administrators, succe~rs, and/or assigns.
END OF STIPULATION

Case 1:21-vv-00522-UNJ Document 42 Filed 12/11/23 Page 7 of 7
Respectfully submitted,
PETITIONER:
CYNTHIA KEITH
ATfORNEY OF RECORD AUTHORIZED REPRESENTATIVE
PEJ,ID~tnlin OF THE ATfORNEY GENERAL:
FOR Nflller ~
ve~
Br,d t1°C11llo~
..,,M, ct-,(-:W\
B DGET C. M CULLOUGH, ESQ. HEATHER L. PEARLMAN
w -.....,
Muller Brazil Deputy Director
715 Twinning Road, Suite 208 Torts Branch
Dresher, PA 19025 Civil Division
215-885-1655 U.S. Department of Justice
bridiet(@,mullerbrazil.com P.O. Box 146
Benjamin Franklin Station
Washington, DC 20044-0146
AUTI:IORIZED REPRESENTATIVE ATIORNEYOFRECORDFOR
OFTHESECRETARYOFHEALm RESPONDENT:
AND HUMAN SERVICES:
He nry P. ~llyslgnedby
Henry P. Mcmllan ·SS
by Mcmillan-ss=::2~~1
CDR GEORGE REED GRJMES, MD, MPH
Director, Division of Injury
Compensation Programs
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, OC 20044-0146
5600 Fishers Lane, 08W-25A TeJ: (202) 451-767S
Rockville, MD 20857 steven.c.santayana@usdoj.gov