VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-01219 Package ID: USCOURTS-cofc-1_21-vv-01219 Petitioner: Stephanie Brooks Filed: 2021-04-15 Decided: 2023-06-12 Vaccine: influenza Vaccination date: 2020-09-29 Condition: shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 52825 AI-assisted case summary: Stephanie Brooks filed a petition for compensation under the National Vaccine Injury Compensation Program on April 15, 2021. Ms. Brooks alleged that she suffered a shoulder injury related to vaccine administration (SIRVA) as a result of an influenza vaccine administered on September 29, 2020. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report conceding that Ms. Brooks was entitled to compensation. The respondent submitted that Ms. Brooks satisfied the criteria set forth in the Vaccine Injury Table and the Qualifications and Aids to Interpretation for SIRVA, and also met all statutory and jurisdictional requirements. Chief Special Master Brian H. Corcoran issued a ruling on entitlement on May 2, 2023, finding Ms. Brooks entitled to compensation. Subsequently, on May 2, 2023, a decision awarding damages was issued. The respondent filed a combined Rule 4(c) Report and proffer on award of compensation, indicating that Ms. Brooks should be awarded a lump sum of $52,825.18. This amount was comprised of $52,500.00 for past pain and suffering and $325.18 for past unreimbursable expenses. The respondent represented that Ms. Brooks agreed with this proffered award. Chief Special Master Corcoran found that Ms. Brooks was entitled to an award as stated in the proffer and awarded the lump sum payment of $52,825.18, payable to Ms. Brooks, representing compensation for all damages available under Section 15(a) of the Vaccine Act. The public decision does not describe the specific onset of symptoms, medical examinations, treatments, or expert witnesses. Petitioner was represented by Glen Howard Sturtevant, Jr. of Rawls Law Group, and Respondent was represented by Rachelle Bishop of the U.S. Department of Justice. Theory of causation field: Petitioner Stephanie Brooks alleged a shoulder injury related to vaccine administration (SIRVA) following an influenza vaccine administered on September 29, 2020. The respondent conceded entitlement, agreeing that the condition met the criteria set forth in the Vaccine Injury Table for SIRVA. The public text does not detail the specific mechanism of injury, expert testimony, or the petitioner's counsel, Glen Howard Sturtevant, Jr., and respondent's counsel, Rachelle Bishop. Chief Special Master Brian H. Corcoran issued a ruling on entitlement on May 2, 2023, and a decision awarding damages on May 2, 2023. The award was a lump sum of $52,825.18, consisting of $52,500.00 for past pain and suffering and $325.18 for past unreimbursable expenses. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_21-vv-01219-0 Date issued/filed: 2023-06-09 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 05/02/2023) regarding 35 Ruling on Entitlement ( Signed by Chief Special Master Brian H. Corcoran. )(mpj) Service on parties made. -------------------------------------------------------------------------------- Case 1:21-vv-01219-UNJ Document 42 Filed 06/09/23 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 21-1219V UNPUBLISHED STEPHANIE BROOKS, Chief Special Master Corcoran Petitioner, Filed: May 2, 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) Glen Howard Sturtevant, Jr., Rawls Law Group (Richmond), Richmond, VA, for Petitioner. Rachelle Bishop, U.S. Department of Justice, Washington, DC, for Respondent. RULING ON ENTITLEMENT1 On April 15, 2021, Stephanie Brooks 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 that was administered on September 29, 2020. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. On May 1, 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 submits that [P]etitioner has satisfied the criteria set forth in the 1 Because this unpublished Ruling 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 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 (2012). Case 1:21-vv-01219-UNJ Document 42 Filed 06/09/23 Page 2 of 2 [Vaccine Injury] Table and the Qualifications and Aids to Interpretation for SIRVA.” Id. at 5. Respondent further agrees that Petitioner has satisfied all statutory and jurisdictional requirements. Id. 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-01219-1 Date issued/filed: 2023-06-12 Pages: 2 Docket text: PUBLIC DECISION (Originally filed: 05/02/2023) regarding 36 DECISION Stipulation/Proffer ( Signed by Chief Special Master Brian H. Corcoran. )(mpj) Service on parties made. -------------------------------------------------------------------------------- Case 1:21-vv-01219-UNJ Document 43 Filed 06/12/23 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 21-1219V UNPUBLISHED STEPHANIE BROOKS, Chief Special Master Corcoran Petitioner, Filed: May 2, 2023 v. Special Processing Unit (SPU); SECRETARY OF HEALTH AND Damages Decision Based on Proffer; HUMAN SERVICES, Influenza (Flu) Vaccine; Shoulder Injury Related to Vaccine Respondent. Administration (SIRVA) Glen Howard Sturtevant, Jr., Rawls Law Group (Richmond), Richmond, VA, for Petitioner. Rachelle Bishop, U.S. Department of Justice, Washington, DC, for Respondent. DECISION AWARDING DAMAGES1 On April 15, 2021, Stephanie Brooks 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 that was administered on September 29, 2020. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. On May 2, 2023, a ruling on entitlement was issued, finding Petitioner entitled to compensation for SIRVA. On May 1, 2023, Respondent filed a combined Rule 4(c) Report and proffer on award of compensation (“Rule 4/Proffer”) indicating Petitioner should be awarded a lump sum of $52,825.18 (comprised of $52,500.00 for past pain and suffering 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-01219-UNJ Document 43 Filed 06/12/23 Page 2 of 2 and $325.18 for past unreimbursable expenses). Rule 4/Proffer at 6. In the Rule 4/Proffer, Respondent represented that Petitioner agrees with the proffered award. Id. Based on the record as a whole, I find that Petitioner is entitled to an award as stated in the Proffer. Pursuant to the terms stated in the Proffer, I award Petitioner a lump sum payment of $52,825.18 (comprised of $52,500.00 for past pain and suffering and $325.18 for past unreimbursable expenses) in the form of a check payable to Petitioner. This amount represents compensation for all damages that would be available under Section 15(a). 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