VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_22-vv-01633 Package ID: USCOURTS-cofc-1_22-vv-01633 Petitioner: Mandi J. Bravo Filed: 2022-11-02 Decided: 2024-06-11 Vaccine: influenza Vaccination date: 2021-10-19 Condition: Shoulder Injury Related to Vaccine Administration (SIRVA) Outcome: compensated Award amount USD: 85000 AI-assisted case summary: Mandi J. Bravo filed a petition for compensation under the National Vaccine Injury Compensation Program on November 2, 2022, alleging that she suffered a Shoulder Injury Related to Vaccine Administration (SIRVA) as a result of an influenza vaccine received in her left deltoid on October 19, 2021. Petitioner alleged that the vaccine was administered in the United States and that she suffered residual effects for more than six months. Respondent denied that the flu vaccine caused petitioner's alleged injury or that she sustained a SIRVA Table injury. The parties reached a joint stipulation for settlement. Chief Special Master Brian H. Corcoran reviewed the stipulation and found it reasonable, adopting it as his decision. Pursuant to the stipulation, Chief Special Master Corcoran awarded Mandi J. Bravo a lump sum of $85,000.00, payable by check to Petitioner, as compensation for all damages. This award represents a settlement of liability and damages claimed under the Act. Petitioner was represented by Ramon Rodriguez, III of Sands Anderson PC, and Respondent was represented by Kimberly Shubert Davey of the U.S. Department of Justice. The decision was issued on June 11, 2024. Theory of causation field: Petitioner Mandi J. Bravo received an influenza vaccine on October 19, 2021, in the United States. She alleged a Shoulder Injury Related to Vaccine Administration (SIRVA) as a Table injury, claiming the flu vaccine caused her condition and that residual effects lasted more than six months. Respondent denied causation and that a SIRVA Table injury occurred. The parties reached a joint stipulation for settlement. Chief Special Master Brian H. Corcoran adopted the stipulation, awarding Petitioner $85,000.00 as a lump sum. The public decision does not describe the specific mechanism of injury, expert testimony, or detailed clinical facts. The award represents a settlement of liability and damages. Petitioner was represented by Ramon Rodriguez, III, and Respondent by Kimberly Shubert Davey. The decision was issued on June 11, 2024. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_22-vv-01633-0 Date issued/filed: 2024-06-11 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 05/07/2024) regarding 39 DECISION Stipulation/Proffer, Signed by Chief Special Master Brian H. Corcoran. (nh) Service on parties made. -------------------------------------------------------------------------------- Case 1:22-vv-01633-UNJ Document 42 Filed 06/11/24 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 22-1633V MANDI J. BRAVO, Chief Special Master Corcoran Petitioner, Filed: May 7, 2024 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Ramon Rodriguez, III, Sands Anderson PC, Richmond, VA, for Petitioner. Kimberly Shubert Davey, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON JOINT STIPULATION1 On November 2, 2022, Mandi J. Bravo 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 in her left deltoid on October 19, 2021. Petition at 1; Stipulation, filed May 6, 2024, at ¶¶ 2-4. Petitioner further alleges that the flu vaccine was administered in the United States, she suffered the residual effects or complications of her injury for more than six months, and neither Petitioner, nor anyone on her behalf, has filed a civil action or receivedor collected an award or settlement of a civil action for her vaccine-related injuries. Petition at ¶¶ 3, 17, 18; Stipulation at ¶¶ 3-5. “Respondent denies that the flu vaccine caused petitioner to suffer a left shoulder injury or any other injury or her current condition, and denies that petitioner sustained a SIRVA Table injury.” Stipulation at ¶ 6. 1Because 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. 2National 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-01633-UNJ Document 42 Filed 06/11/24 Page 2 of 7 Nevertheless, onMay 6, 2024,the parties filed the attachedjoint 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 $85,000.00 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-01633-UNJ Document 42 Filed 06/11/24 Page 3 of 7 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS ) MANDI BRAV O, ) ) Petitioner, ) No. 22-1633V v. ) Chief Special Master Corcoran ) SPU SECRET ARY OF HEAL TH AND ) HUMAN SERVICES, ) Respondent. _____ ) ) STIPULATION The parties hereby stipulate to the following matters: 1. Mandi Bravo, petitioner, filed a petition for vaccine compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. §§ 300aa-lO to -34 (the "Vaccine Program"). The petition seeks compensation for injuries allegedly related to petitioner's receipt of an influenza ("flu") vaccine, which is a vaccine contained in the Vaccine Injury Table (the "Table"), 42 C.F.R. § 100.3 (a). 2. Petitioner received the flu vaccine on October 19, 2021. 3. The vaccination was administered within the United States. 4. Petitioner alleges that she sustained a Shoulder f njury Related to Vaccine Administration ("SIRVA") as defined in the Table; she further alleges thnt the flu vaccine caused her alleged shoulder injury, and that she suffered the residual effects of her alleged injury for more than six months. 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 condition. 6. Respondent denies that the flu vaccine caused petitioner to suffer a left shoulder injury Case 1:22-vv-01633-UNJ Document 42 Filed 06/11/24 Page 4 of 7 or any other injury or her current condition, and denies that petitioner sustained a SIRVA Table 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 of judgment 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-2 l(a)( l ), the Secretary of Health and Human Services will issue the following vaccine compensation payment: A lump sum of $85,000.00 in the form of a check payable to petitioner. This amount represents compensation for all damages that would be available under 42 U.S.C. § 300aa-15(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)( I). 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 tbc 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 State health benefits programs (other than Title XIX of the Social Security Act (42 U.S.C. § 1396 et seq.)). or hy entities that provide health services on a pre-paid basis. Case 1:22-vv-01633-UNJ Document 42 Filed 06/11/24 Page 5 of 7 l I. 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. I 2. 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-I 5(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 Hcahh 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 ct 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 flu vaccination administered on Octooer 19. 2021. as aJleged by petitioner in a petition for vaccine compensation filed on or about November 2, 2022, in the United States Court of Federal Claims as petition No. 22-1633 V. 14. If petitioner should die prior to entry of judgment, this agreement shall be voidable upon proper notice to the Court on behalf of either or both of the parties. Case 1:22-vv-01633-UNJ Document 42 Filed 06/11/24 Page 6 of 7 15. ff the special master fails to issue a decision in complete confonnity with the tenns of this Stipulation or if the Court offe deral Claims fails to enter judgment in confo,mity with a decision that is in complete conformity with the tenns 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 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 liubility 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 f-lealth nnd Human Services that the flu vaccine caused or significantly aggravated petitioner's alleged shoulder injury, or any other injury or her current condition. 18. All rights and obligations of petitioner hereunder shall apply equally to petitioner's heirs, executors, administrators, successors, and/or assigns. ENO OF STIPULATION I I I I I I I I I I Case 1:22-vv-01633-UNJ Document 42 Filed 06/11/24 Page 7 of 7 Respectfully submitted, PETITIONER: ATTORNEY OF RECORD FOR AUTHORIZED REPRESENTATIVE PETITlONER: OF THE ATTORNEY GENERAL: \:4M~\