Katherine Brooks v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2014)
Case summary [AI summaries can sometimes make mistakes]
Katherine Brooks filed a petition for compensation on November 12, 2014, alleging she suffered a left shoulder injury as a result of receiving an influenza vaccine on September 1, 2013. The respondent, the Secretary of Health and Human Services, filed a report conceding that Ms.
Brooks was entitled to compensation and that her injury was consistent with shoulder injury related to vaccine administration (SIRVA). Subsequently, the respondent filed a Proffer on Award of Compensation, which Ms.
Brooks agreed to. Based on the record, Special Master Nora Beth Dorsey awarded Ms.
Brooks a lump sum payment of $92,086.36. This amount was stated to account for all elements of compensation.
The decision noted that Ms. Brooks is a competent adult and does not require guardianship.
Judgment was to be entered accordingly. Petitioner counsel was John Charles Theisen.
Respondent counsel was Gordon Elliot Shemin.
Theory of causation
Petitioner Katherine Brooks alleged a left shoulder injury after receiving an influenza vaccine on September 1, 2013. Respondent conceded entitlement to compensation, agreeing the injury was consistent with shoulder injury related to vaccine administration (SIRVA). The case proceeded on a proffer for award of compensation. Special Master Nora Beth Dorsey awarded a lump sum of $92,086.36, accounting for all elements of compensation. Petitioner counsel was John Charles Theisen, and respondent counsel was Gordon Elliot Shemin. The theory of causation is based on the Vaccine Injury Table (SIRVA).
Source PDFs
USCOURTS-cofc-1_13-vv-00373