VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-00802 Package ID: USCOURTS-cofc-1_21-vv-00802 Petitioner: Corinne O’Sullivan-Bradley Filed: 2021-01-26 Decided: 2023-01-25 Vaccine: influenza Vaccination date: 2019-11-21 Condition: left shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 39000 AI-assisted case summary: Corinne O’Sullivan-Bradley filed a petition for compensation on January 26, 2021, alleging she suffered a left shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on November 21, 2019. She stated the vaccine was administered in the United States, the injury had residual effects for more than six months, and she had not received a prior award or settlement. Respondent denied that the petitioner suffered from SIRVA, denied that the vaccine caused her injury, and denied that her condition was a sequela of a vaccine-related injury. Despite these denials, the parties filed a joint stipulation on December 19, 2022, agreeing that compensation should be awarded. The court found the stipulation reasonable and adopted it as its decision. Pursuant to the stipulation, the court awarded Corinne O’Sullivan-Bradley a lump sum of $39,000.00 as compensation for all items of damages available under Section 15(a) of the Vaccine Act. Theory of causation field: Table Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_21-vv-00802-0 Date issued/filed: 2023-01-25 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 12/19/2022) regarding 40 DECISION Stipulation/Proffer. Signed by Chief Special Master Brian H. Corcoran. (kp) Service on parties made. -------------------------------------------------------------------------------- Case 1:21-vv-00802-UNJ Document 45 Filed 01/25/23 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 21-0802V UNPUBLISHED CORINNE O’SULLIVAN-BRADLEY, Chief Special Master Corcoran Petitioner, Filed: December 19, 2022 v. Special Processing Unit (SPU); Joint SECRETARY OF HEALTH AND Stipulation on Damages; Influenza HUMAN SERVICES, (Flu) Vaccine; Shoulder Injury Related to Vaccine Administration Respondent. (SIRVA) Matthew F. Belanger, Faraci Lange LLP, Rochester, NY, for Petitioner. Jennifer A. Shah, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON JOINT STIPULATION1 On January 26, 2021, Corinne O’Sullivan-Bradley 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 left shoulder injury related to vaccine administration (“SIRVA”) as a result of an influenza vaccine received on November 21, 2019. Petition at 1; Stipulation, filed December 19, 2022, at ¶¶ 2-4. Petitioner further alleges that the vaccine was administered in the United States, she suffered the residual effects of her injury 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 condition. Petition at ¶¶ 2, 12-15; Stipulation at ¶¶ 3-5. “Respondent denies that petitioner suffered from SIRVA; denies that the vaccine caused petitioner’s alleged injury, or any other injury; and denies that petitioner’s current condition is a sequela of a vaccine-related injury.” Stipulation at ¶ 6. 1 Because this unpublished Decision contains a reasoned explanation for the action in this case, I am required to post it on the United States Court of Federal Claims' website in accordance with the E- Government Act of 2002. 44 U.S.C. § 3501 note (2012) (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 (2012). Case 1:21-vv-00802-UNJ Document 45 Filed 01/25/23 Page 2 of 7 Nevertheless, on December 19, 2022, 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 $39,000.00 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-00802-UNJ Document 45 Filed 01/25/23 Page 3 of 7 Case 1:21-vv-00802-UNJ Document 45 Filed 01/25/23 Page 4 of 7 Case 1:21-vv-00802-UNJ Document 45 Filed 01/25/23 Page 5 of 7 Case 1:21-vv-00802-UNJ Document 45 Filed 01/25/23 Page 6 of 7 Case 1:21-vv-00802-UNJ Document 45 Filed 01/25/23 Page 7 of 7