In the United States Court of Federal Claims 

OFFICE OF SPECIAL MASTERS

No. 17-1873V

UNPUBLISHED

BAILEY MCCAMMON,

 Petitioner,

v.

SECRETARY OF HEALTH AND 

HUMAN SERVICES,

 Respondent.

Chief Special Master Corcoran 

Filed: December 30, 2020

Special Processing Unit (SPU); Joint 

Stipulation on Damages; Influenza 

(Flu) Vaccine; Shoulder Injury 

Related to Vaccine Administration 

(SIRVA)

Amy A. Senerth, Muller Brazil, LLP, Dresher, PA, for petitioner.

Jennifer Leigh Reynaud, U.S. Department of Justice, Washington, DC, for respondent.

DECISION ON JOINT STIPULATION1

On December 4, 2017, Bailey McCammon 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”) as a result of an influenza (“flu”) vaccine administered on 

October 5, 2015. Petition at 1; Stipulation, filed on December 30, 2020, at ¶¶ 1-2, 4. 

Petitioner further alleges that the vaccine was administered within the United States; that 

she experienced the residual effects of her condition for more than six months; and that 

there has been no prior award or settlement of a civil action for damages on her behalf 

as a result of her condition. Petition at 1, 4; Stipulation at ¶¶ 3-5. “Respondent denies that 

petitioner sustained a SIRVA Table injury; denies that the vaccine caused petitioner’s 

alleged shoulder injury, or any other injury; and denies that her current condition is a 

sequelae of a vaccine-related injury.” Stipulation at ¶ 6. 

1 Because this unpublished decision contains a reasoned explanation for the action in this case, I am 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' website 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 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 “§” references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. § 300aa 

(2012).
2

Nevertheless, on December 30, 2020, 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 $2,883.22, which amount represents full satisfaction of 

a lien for services rendered on behalf of Petitioner, in the form of a 

check payable jointly to Petitioner and

MDwise

2 Pierce Place, Suite 1900

Itasca, IL 60143

Case #: 3261654

Petitioner agrees to endorse this payment to the appropriate State agency.

• A lump sum of $58,000.00 in the form of a check payable to Petitioner. 

Stipulation at ¶ 8. This amount represents compensation for all remaining 

items of damages that would be available under Section 15(a).

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 the 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.