VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-00697
Package ID: USCOURTS-cofc-1_21-vv-00697
Petitioner: Erin Briggs
Filed: 2024-01-12
Decided: 2024-02-07
Vaccine: Tdap
Vaccination date: 2020-04-29
Condition: left shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 60000

AI-assisted case summary:
Erin Briggs filed a petition for compensation under the National Vaccine Injury Compensation Program on January 12, 2024, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) resulting from a tetanus diphtheria acellular pertussis (Tdap) vaccine received on April 29, 2020. She stated the vaccine was administered in the United States, her injury persisted for more than six months, and she had no prior award or settlement for this injury. Respondent denied that petitioner sustained a SIRVA Table injury, denied that the vaccine caused or aggravated her injury, and denied her current condition was 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 Chief Special Master adopted the stipulation as the decision, awarding Erin Briggs a lump sum of $60,000.00 as compensation for all items of damages. This award represents a settlement of liability and damages claimed under the National Childhood Vaccine Injury Act.

Theory of causation field:
Table

Public staged source text:

================================================================================
DOCUMENT 1: USCOURTS-cofc-1_21-vv-00697-0
Date issued/filed: 2024-02-07
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 01/05/2024) regarding 43 DECISION Stipulation/Proffer, Signed by Chief Special Master Brian H. Corcoran. (ppa) Service on parties made.
--------------------------------------------------------------------------------
Case 1:21-vv-00697-UNJ Document 47 Filed 02/07/24 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 21-0697V
ERIN BRIGGS, Chief Special Master Corcoran
Petitioner, Filed: January 5, 2024
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Katrina Sandifer Brown, Brown Bass & Jeter, PLLC, Jackson, MS, for Petitioner.
Alexa Roggenkamp, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION ON JOINT STIPULATION1
On January 12, 2021, Erin Briggs 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 a tetanus diphtheria acellular pertussis (“Tdap”)
vaccine received on April 29, 2020. Petition at 1; Stipulation, filed January 4, 2024, at
¶¶ 2-4. Petitioner further alleges that the vaccine was administered in the United States,
her injury persisted for more than six months, and there has been no prior award or
settlement of a civil action for damages on her behalf as a result of her injury or condition.
Petition at ¶¶ 2, 17-19; Stipulation at ¶¶ 3-5; Ex. 2 at 54. “Respondent denies that
petitioner sustained a SIRVA Table injury; denies that the vaccine caused or significantly
aggravated petitioner’s alleged left 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 section references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C.
§300aa (2018).

Case 1:21-vv-00697-UNJ Document 47 Filed 02/07/24 Page 2 of 7
Nevertheless, on January 4, 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 $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-00697-UNJ Document 47 Filed 02/07/24 Page 3 of 7
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
ERIN BRIGGS,
Petitioner,
v.
No. 21-697V
Chief Special Master Corcoran
SECRETA RY OF HEALT H AND ECF
HUMAN SERVICES,
Respondent.
STIPULATION
The parties hereby stipulate to the following matters:
1. Erin Briggs ("petitioner") filed a petition for vaccine compensation under the National
Vaccine Injury Compensation Program, 42 U.S.C. §§ 300aa-l0 to -34 (the "Vaccine Program").
The petition seeks compensation for injuries allegedly related to petitioner's receipt of a tetanus,
diphtheria, and acellular pertussis ("Tdap") vaccine, which is a vaccine contained in the Vaccine
Injury Table (the "Table"), 42 C.F.R. § 100.3(a).
2. Petitioner received the Tdap vaccine on April 29, 2020.
3. The vaccination was administered within the United States.
4. Petitioner alleges that she sustained a left shoulder injury related to vaccination
administration ("SIRVA") within the time period set forth in the Table following administration
of the Tdap vaccine, or in the alternative, that her alleged shoulder injury was caused by the
Tdap vaccine. She further alleges that she experienced the residual effects of this alleged injury
for more than six months.

Case 1:21-vv-00697-UNJ Document 47 Filed 02/07/24 Page 4 of 7
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 or condition.
6. Respondent denies that petitioner sustained a SIRVA Table injury; denies that the
vaccine caused or significantly aggravated petitioner's alleged left 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)(l), the Secretary of Health and Human Services will issue
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-l5(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-2 l(a)(l ), 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.
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-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
2

Case 1:21-vv-00697-UNJ Document 47 Filed 02/07/24 Page 5 of 7
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. 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-
l 5(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 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-l 5(a) and (d), and subject to the conditions of 42 U.S.C.
§ 300aa-l S(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
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 Tdap vaccination administered on April 29, 2020, as
alleged by petitioner in a petition for vaccine compensation filed on or about January 12, 2021,
in the United States Court of Federal Claims as petition No. 21-697V.
3

Case 1:21-vv-00697-UNJ Document 47 Filed 02/07/24 Page 6 of 7
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 1
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 Tdap vaccine caused or significantly
aggravated petitioner's alleged injury or any other injury or her current condition, or that
petitioner suffered an injury contained in the Vaccine Injury Table.
18. All rights and obligations of petitioner hereunder shall apply equally to petitioner's
heirs, executors, administrators, successors, and/or assigns.
END OF STIPULATION
I
I
I
I
4

Case 1:21-vv-00697-UNJ Document 47 Filed 02/07/24 Page 7 of 7
l'ETITIONER:
ERIN BRIGGS
ATTORNEY OF RECORD AUTHORIZED REPRESENTATIVE
FOR PETITIONER: OF THE ATTORNEY GENERAL:
~~ ~t.,JA/V--
HEATHER L. PEARLMAN
TER,PLLC Deputy Director
1755 Lelia Drive, Suite 400 (392 l 6) Torts Branch
Post Office Box 22969 Civil Division
Jackson. Mississippi 39225 U.S. Department of Justice
Telephone: (601) 487-8448 P.O. Box 146
Facsimile: (601) 510-9934 Benjamin Franklin Station
brown@bbjlawyers.com Washington, DC 20044-0146
AUTHORIZED REPRESENTATIVE ATTORNEY OF RECORD FOR
OF THE SECRETARY OF HEALTH RESPONDENT:
AND HUMAN SERVICES:
George R. OigitallysignedbyGeorgeR
Grimes-Sl4
Grimes _
514 ~~1.~2023_12.1119:36:40
CDR GEORGE REED GRIMES, MD, MPH
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 20044-0 l 46
5600 Fishers Lane, 08W-25A 202-616-4179
Rockville, MD 20857 alexa.roggenkamp@usdoj.gov
F1
'J,
Dated: tet.!,
5