# In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 20-1741V UNPUBLISHED
KEIRA S. BROOKE , Petitioner, v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Chief Special Master Corcoran Filed: September 19, 2022 Special Processing Unit (SPU); Joint Stipulation on Damages ; Influenza (Flu) Vaccine; Shoulder Injury Related to Vaccine Administration (SIRVA). Jeffrey S. Pop, Jeffrey S. Pop & Associates, Beverly Hills, CA, for Petitioner. Alexa Roggenkamp, U.S. Depart ment of Justice, Washington, DC, for Respondent. DECISION ON JOINT STIPULATION 1 On December 2, 2020, Keira S. Brooke 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 received an influenza (“flu”) vaccine, which vaccine is contained in the Vaccine Injury Table (the “Table”), 42 C.F.R . § 100.3(a), on September 21, 2019. Petitioner alleges that she sustained a left shoulder injury related to vaccine administration (SIRVA) within the time period set forth in the Table following administration of the flu vaccine, or in the alte rnative, that her alleged shoulder injury was caused by the flu vaccine. She further alleges that she experienced the residual effects of this condition for more than six months.

1 Because this unpublished Decision contains a reasoned explanation for the action in this case, I am required to post it on the United States Court of Federal Claims' we bsite in accordance with the EGovernment Act of 2002. 44 U.S.C. § 3501 note (2012) (Federal Management and Promotion of Electronic Government Services). This means the Decision will be availa ble to anyone with access to the internet.In accordance with Va ccine Rule 18(b), Petitioner has 14 daysto identify and move to redact medical or other information, the disclosure of which woul d 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 (2012).2 Respondent denies that Petitioner sustained a SIRVA Table injury; denies that the vaccine caused Petitioner’s alleged left shoulder injury, or an y other injury; and denies that her current condition is a sequela of a vaccine-related injury. Nevertheless, on September 19, 2022, 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 awardthe following compensation: A lump sum of $56,250.00 in the fo rm 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 Petitione r’s compensation. In the absence of a motion for review filed pursuant to RCFC Ap pendix 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.IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS
KEIRA S. BROOKE, Petitioner,


### v. SECRETARY OF HEALTH AND HUMAN SERVICES, Re s pondent. No.20-1741V Chief Special Master Corcoran ECF

STIPULATION The parties hereby stipulate to the following matte rs: I
. Keira S
. Brooke ( " petitione r") filed a petition for vaccine compensation under t he National Vaccine Injury Compensation Program, 42 U.S.C. §§ 300aa-l0 to -34 (the " Vaccine Program"). The petition seeks compensation for injuries allegedly related to petitioner's receipt of an i nfluenza ("flu") vaccine, which is a vaccine contained in the Vaccine Injury Table (the "Table"), 42 C.F.R. § I00.3 (a). 2. Petitioner received the flu vaccine on September 21, 2019
. 3. The vaccination was administered within the United States
. 4. Petitioner alleges that she sustained a left shoulder injury related to vacci nation administration ("SIRVA") with in the ti me period set forth in the Table following administration ofthe flu vaccine, or in the alternative , that her alleged shoulder injury was caused by the flu vaccine. She further alleges that she experienced the res i dual effects ofthis alleged injury for
more than six months
.5. Petitioner represents that there has been no prior award or settlement ofa civil action for damages on her behalf as a result of her alleged injury or condition. 6. Respondent denies that petitioner sustained a SIRVA Table injury; denies that the vaccine caused petitioner's alleged left shoulder injury or any other injury, and denies that her current condition is a sequela ofa vaccine-related 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 ofthis Stipulation
. 8. As soon as practicable after an entry of judgment reflecting a decision consistent with the terms ofthis Stipulation, and after petitioner has filed an election to receive compensation pursuant to 42 U.S.C. § 300aa-21 (a)(I ), the Secretary ofHealth and Human Services will issue the following vaccine compensation payment: A lump sum of $56,250

.00 in the form ofa check payable to petitioner. This amount represents compensation for all damages that would be available under42 U.S.C. § 300aa-l 5(a). 9. As soon as practicable after the entry of judgment 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-21 (a)(l), 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. 10. Petitioner and her attorney represent that compensation to be provided pursuant to this Stipulation is not for any items or services for which the Program is not primarily liable under42 U
.S.C. § 300aa-15(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

2State health benefits programs (other than Title XIX ofthe Social Security Act (42 U.S.C
. § 1396 et seq .)), or by entities that provide health services on a pre-paid basis. 11. Payment made pursuant to paragraph 8 ofthis Stipulation and any amounts awarded pursuant to paragraph 9 of this Stipulation will be made in accordance with 42 U.S.C. § 300aaI 5(i), subject to the availability of sufficient statutory funds. 12. The parties and their attorneys further agree and stipu l ate 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 of42 U.S.C
. § 300aa-l5(a) and (d), and subject to the conditions of42 U
.S.C. § 300aa-15(g) and (h). 13. In return for the payments described in paragraphs 8 and 9, peti ti

oner, in her ind iv id ual capacity, and on behalfof her heirs, executors, administrators, successors or assigns, does forever irrevocably and unconditionally release, acquit and discharge the United Stat es and the Secretary of Health and Human Service s from any and all actions or causes of action ( i

ncluding agreements,judgments, claims, damages, loss ofservices, expenses and all demands ofwhatever 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-l 0 et seq . , on accoun t of, or in any way growing out of, any and all known or unknown, suspected or unsuspected personal injuries to or death ofpetitioner resulting from, or alleged to have resulted from, the flu vaccination administered on September 21, 2019,
as alleged by petitioner in a petition for vaccine compensation filed on or about December 2 , 2020, in the United States Court of Federa l Claims as petition No. 20-1741 V.

314. If petitioner should die prior to entry of judgment, this agreement shall be voidable upon proper notice to the Court on behalfof either or both ofthe parties. 15. Ifthe special master fails to issue a decision in complete conformity with the terms of this Stipulation or if the Court ofFederal Claims fails to enterjudgment inconform ity with a decision that is in complete confonnity with the terms ofthis 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 ofthe parties hereto to make any payment or to do any act or thing other than is herein expressly stated and clearly agreed to. The partie s further agree and understand that the award de scribed in th is Stipulation may reflect a compromise ofthe parties' respective pos itio ns as to liability and/or amount of damages, and further, that a change in the nature ofthe injury or condition or in the items ofcompensation 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 Health and Human Services thatthe flu vaccine caused petitioner's alleged injury or any other i njury or her current condition, orthat petitioner su ffered an injury contained in the Vaccine Injury Table
. 18
. All rights and obligations of petitioner hereunder shall apply equally to petitioner's heirs, executors, administrators, successors, and/or assigns.



### I I I I END OF STIPULATION

4Respectfully submitted, 

### PETITIONER:



# ~Q_:,/ /100&
.. KEIRA S. BROOKE


### ATTORNEY OF RECORD FOR PETITIONER:

Jeffrey S
. Pop & Associates 91 

### SO Wilshire Blvd., Suite 241 Beverly 

### Hills, CA 90212 310-273-5462 jpop@poplawyer.com



### AUTHORIZED REPRESENTATIVE OF THE SECRETARY OF HEALTH AND HUMAN SERVICES: 

## Pa& 

# /J. ~I 

## ~Sc-,~~ CDR GEORGE REED GRIMES ! MD , MPH Director. Division of Injury

Compensation Programs Health System Bureau Health Resources and Services

Administration U.S. Department ofHealth

and Human Services 5600 Fishers Lane, 08N 146D Rockville, MD 20857



### 5 AUTHORIZED REPRESENTATIVE OF THE ATTORNEY GENERAL:

# ~ 

# Mt~\.L 

# -Q~---...__ HF.ATHER L. 

### PEARLMAN Deputy Director Torts Branch Civil Division U.S
. Department of Justice P.O. Box 146 Benjamin Franklin Station Washington, DC 20044-0146 

### ATTORNEY OF RECORD FOR RESPONDENT:



### _ ' ?{~ ,.•

.~ - ......_=--........__.,.......__.,,._ _ __,..,,,___ ALEXA ROGGENf Trial Attorney Tons Branch Civil Division U.S. Department of Justice P.O. Box 146 Benjamin Franklin Station Washington , DC 20044-0146 202-616-4179 alexa
.roggenkamp@usdoj.gov