VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_23-vv-00400 Package ID: USCOURTS-cofc-1_23-vv-00400 Petitioner: Karey Dunaway Filed: 2023-06-03 Decided: 2025-07-31 Vaccine: influenza Vaccination date: 2021-10-06 Condition: shoulder injury related to vaccine administration Outcome: compensated Award amount USD: 135000 AI-assisted case summary: Karey Dunaway filed a petition for compensation under the National Vaccine Injury Compensation Program on June 3, 2023, alleging that she suffered a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on October 6, 2021. She stated that the vaccine was administered in the United States, that her injury resulted in residual effects lasting more than six months, and that no civil action had been filed or compensation received for the vaccine-caused injury. Respondent denied that Petitioner sustained a SIRVA Table injury, denied that the vaccine caused her alleged left shoulder injury or any injury, and denied that her current condition was a sequela of a vaccine-related injury. Despite the respondent's denials, the parties filed a joint stipulation on June 3, 2025, agreeing that compensation should be awarded. Chief Special Master Corcoran found the stipulation reasonable and adopted it as the decision awarding damages. The court awarded Karey Dunaway a lump sum of $135,000.00, representing 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_23-vv-00400-0 Date issued/filed: 2025-07-31 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 06/03/2025) regarding 38 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (ppa) Service on parties made. -------------------------------------------------------------------------------- Case 1:23-vv-00400-UNJ Document 42 Filed 07/31/25 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 23-0400V KAREY DUNAWAY, Chief Special Master Corcoran Petitioner, Filed: June 3, 2025 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Amy A. Senerth, Muller Brazil, LLP, Dresher, PA, for Petitioner. Alexa Roggenkamp, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON JOINT STIPULATION1 On March 22, 2023, Karey Dunaway 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”), a defined Table injury, after receiving an influenza (“flu”) vaccine on October 6, 2021. Petition at ¶¶ 1, 33; Stipulation, filed at June 3, 2025, ¶¶ 1- 2, 4. Petitioner further alleges that she received the vaccine within the United States, that she suffered the residual effects of the SIRVA for more than six months, and that neither she nor any other party has filed a civil action or received compensation for her SIRVA, alleged as vaccine caused. Petition at ¶¶ 1, 29-31; Stipulation ¶¶ 3-5. “Respondent denies that [P]etitioner sustained a SIRVA Table injury; denies that the vaccine caused [P]etitioner’s alleged left shoulder injury or any injury; and denies that her current condition is a sequela of a vaccine-related injury.” Stipulation at ¶ 6. 1 Because 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. 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 1:23-vv-00400-UNJ Document 42 Filed 07/31/25 Page 2 of 7 Nevertheless, on June 3, 2025, 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 $135,000.00, to be paid through an ACH deposit to Petitioner’s counsel’s IOLTA account for prompt disbursement 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 1:23-vv-00400-UNJ Document 42 Filed 07/31/25 Page 3 of 7 Case 1:23-vv-00400-UNJ Document 42 Filed 07/31/25 Page 4 of 7 Case 1:23-vv-00400-UNJ Document 42 Filed 07/31/25 Page 5 of 7 Case 1:23-vv-00400-UNJ Document 42 Filed 07/31/25 Page 6 of 7 Case 1:23-vv-00400-UNJ Document 42 Filed 07/31/25 Page 7 of 7