VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_22-vv-00386 Package ID: USCOURTS-cofc-1_22-vv-00386 Petitioner: Bridgette Melvin Filed: 2022-04-04 Decided: 2023-07-03 Vaccine: influenza Vaccination date: 2020-09-17 Condition: shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 40000 AI-assisted case summary: Bridgette Melvin filed a petition for compensation on April 4, 2022, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) from an influenza vaccine received on September 17, 2020. The petition stated that the vaccine was administered in the United States, that she experienced residual effects of her injury for more than six months, and that there had been no prior award or settlement of a civil action for damages. The respondent denied that petitioner sustained a SIRVA Table injury, denied that the flu vaccine caused petitioner's alleged shoulder injury or any other injury or condition, and denied that petitioner's current condition was a sequela of a vaccine-related injury. Despite the respondent's denial, the parties filed a joint stipulation for compensation on June 1, 2023. Chief Special Master Brian H. Corcoran found the stipulation reasonable and adopted it as his decision. Pursuant to the stipulation, Bridgette Melvin was awarded a lump sum of $40,000.00, payable to Petitioner, to compensate for all items of damages available under Section 15(a) of the Vaccine Act. The decision was issued on July 3, 2023. The public decision does not describe the specific onset of symptoms, medical examinations, diagnostic tests, treatments, or expert witnesses. Petitioner was represented by William E. Cochran, Jr., and respondent was represented by Felicia Langel. Theory of causation field: Petitioner Bridgette Melvin alleged a shoulder injury related to vaccine administration (SIRVA) following an influenza vaccine on September 17, 2020. Respondent denied the alleged injury and causation. The parties filed a joint stipulation for compensation, which was adopted by Chief Special Master Brian H. Corcoran. The stipulation indicated a "SIRVA Table injury." Petitioner was awarded $40,000.00 as a lump sum. The public decision does not detail the specific mechanism of injury, expert testimony, or the medical evidence considered beyond the stipulation. The attorneys involved were William E. Cochran, Jr. for Petitioner and Felicia Langel for Respondent. The decision date was July 3, 2023. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_22-vv-00386-0 Date issued/filed: 2023-07-03 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 06/01/2023) regarding 29 DECISION Stipulation/Proffer. Signed by Chief Special Master Brian H. Corcoran. (tlf) Service on parties made. -------------------------------------------------------------------------------- Case 1:22-vv-00386-UNJ Document 33 Filed 07/03/23 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 22-0386V UNPUBLISHED BRIDGETTE MELVIN, Chief Special Master Corcoran Petitioner, Filed: June 1, 2023 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) William E. Cochran, Jr., Black McLaren Jones Ryland & Griffee, P.C., Memphis, TN , for Petitioner. Felicia Langel, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON JOINT STIPULATION1 On April 4, 2022, Bridgette Melvin 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 an influenza (“flu”) vaccine received on September 17, 2020. Petition at 1; Stipulation, filed June 1, 2023, at ¶¶ 2-4. Petitioner further alleges that the vaccine was administered in the United States, 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 for damages as a result of her condition. Petition at ¶¶ 2, 7-12; Stipulation at ¶¶ 3-5. “Respondent denies that petitioner sustained a SIRVA Table injury; denies that the flu vaccine caused petitioner’s alleged shoulder injury or any 1 Because this unpublished 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 1:22-vv-00386-UNJ Document 33 Filed 07/03/23 Page 2 of 7 other injury or condition; and denies that petitioner’s current condition is a sequela of a vaccine-related injury.” Stipulation at ¶ 6. Nevertheless, on June 1, 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 $40,000.00 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 1:22-vv-00386-UNJ Document 33 Filed 07/03/23 Page 3 of 7 Case 1:22-vv-00386-UNJ Document 33 Filed 07/03/23 Page 4 of 7 Case 1:22-vv-00386-UNJ Document 33 Filed 07/03/23 Page 5 of 7 Case 1:22-vv-00386-UNJ Document 33 Filed 07/03/23 Page 6 of 7 Case 1:22-vv-00386-UNJ Document 33 Filed 07/03/23 Page 7 of 7