VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_22-vv-00631
Package ID: USCOURTS-cofc-1_22-vv-00631
Petitioner: Briana Thomas
Filed: 2022-06-07
Decided: 2025-05-22
Vaccine: influenza
Vaccination date: 2021-09-17
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 85000

AI-assisted case summary:
Briana Thomas filed a petition for compensation under the National Vaccine Injury Compensation Program alleging that she suffered a shoulder injury related to vaccine administration (SIRVA) as a result of receiving the influenza vaccine on September 17, 2021. The respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused petitioner's SIRVA or any other injury. However, the parties reached a stipulation to settle the case. The stipulation provided for a decision to be entered awarding compensation to Ms. Thomas. The court adopted the stipulation and awarded a lump sum payment of $85,000.00 to compensate for all damages. This amount was to be paid through an ACH deposit to petitioner's counsel's IOLTA account for prompt disbursement to Ms. Thomas. The case was resolved via stipulation, with the respondent maintaining their position on causation but agreeing to the settlement terms.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_22-vv-00631-0
Date issued/filed: 2025-08-11
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 05/22/2025) regarding 46 DECISION on Stipulation. Signed by Special Master Thomas L. Gowen. (hs) Service on parties made.
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Case 1:22-vv-00631-UNJ Document 50 Filed 08/11/25 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
Filed: May 22, 2025
* * * * * * * * * * * * *
BRIANA THOMAS, *
*
Petitioner, * No. 22-631V
*
v. * Special Master Gowen
*
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
* * * * * * * * * * * * *
Michael G. McLaren, Black McLaren, et al., P.C., Memphis, TN, for petitioner.
Eleanor Hanson, U.S. Dept. of Justice, Washington, D.C., for respondent.
DECISION ON STIPULATION1
On June 7, 2022 Briana Thomas (“petitioner”) filed a petition for compensation in the
National Vaccine Injury Compensation Program.2 Petition (ECF No. 1). Petitioner alleged that
as a result of receiving the influenza (“flu”) vaccine on September 17, 2021, she suffered a
shoulder injury related to vaccine administration (“SIRVA”). Id.
On May 22, 2025, respondent filed a stipulation providing that a decision should be
entered awarding compensation to petitioner. Stipulation (“Stip.”) (ECF No. 45). Respondent
denies that the flu vaccine caused petitioner to suffer a SIRVA or any other injury or current
condition. Id. at ¶ 6. Nevertheless, maintaining their positions, the parties now agree that the
issues between them shall be settled and that a decision should be entered awarding the
compensation according to the terms of the stipulation attached hereto as Appendix A. Id. at ¶ 7.
1 Pursuant to the E-Government Act of 2002, see 44 U.S.C. § 3501 note (2012), because this decision contains a
reasoned explanation for the action in this case, I am required to post it to a publicly available website. This decision
will appear at https://www.govinfo.gov/app/collection/uscourts/national/cofc or on the Court of Federal Claims
website. This means the decision will be available to anyone with access to the Internet. Before the decision is
posted on the court’s website, each party has 14 days to file a motion requesting redaction “of any information
furnished by that party: (1) that is a trade secret or commercial or financial in substance and is privileged or
confidential; or (2) that includes medical files or similar files, the disclosure of which would constitute a clearly
unwarranted invasion of privacy.” Vaccine Rule 18(b). “An objecting party must provide the court with a proposed
redacted version of the decision.” Id. If neither party files a motion for redaction within 14 days, the decision
will be posted on the court’s website without any changes. Id.
2 The National Vaccine Injury Compensation Program is set forth in Part 2 of the National Childhood Vaccine
Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755, codified as amended, 42 U.S.C. §§ 300aa-1 to -34 (2012)
(Vaccine Act or the Act). All citations in this decision to individual sections of the Vaccine Act are to 42 U.S.C.A. §
300aa.

Case 1:22-vv-00631-UNJ Document 50 Filed 08/11/25 Page 2 of 7
The stipulation awards:
A) A lump sum payment of $85,000.00 to be paid through an ACH deposit to
petitioner’s counsel’s IOLTA account for prompt disbursement to petitioner.
This amount represents compensation for all damages that would be available
under 42 U.S.C. § 300aa-15(a).
I adopt the parties’ stipulation attached hereto, and award compensation in the amount
and on the terms set forth therein. The Clerk of the Court SHALL ENTER JUDGMENT in
accordance with the terms of the parties’ stipulation.3
IT IS SO ORDERED.
s/Thomas L. Gowen
Thomas L. Gowen
Special Master
3 Entry of judgment is expedited by each party’s filing notice renouncing the right to seek review. Vaccine Rule
11(a).
2

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