Nanci Brill v. HHS - Influenza, shoulder injury related to vaccine administration (2015)
Case summary [AI summaries can sometimes make mistakes]
Nanci Brill filed a petition on October 14, 2014, under the National Childhood Vaccine Injury Act, alleging that she suffered a shoulder injury related to vaccine administration (SIRVA) as a result of an influenza vaccine she received on September 13, 2011. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) Report on June 25, 2015, conceding that Ms.
Brill suffered from a SIRVA injury and recommending compensation. The parties subsequently entered into a proffer for an award of compensation.
On October 14, 2015, Special Master Laura D. Millman issued a decision awarding Ms.
Brill a lump sum payment of $295,000.00. This amount represents all elements of compensation to which she would be entitled under the National Childhood Vaccine Injury Act, 42 U.S.C. § 300aa-15(a).
The award was made payable to Nanci Brill, who is a competent adult. Petitioner was represented by Ronald C.
Homer, and respondent was represented by Michael P. Milmoe.
The public decision does not describe the specific onset of symptoms, medical tests, treatments, or expert witnesses.
Theory of causation
Petitioner Nanci Brill alleged a shoulder injury related to vaccine administration (SIRVA) following an influenza vaccination on September 13, 2011. Respondent conceded entitlement to compensation for the SIRVA injury. The case proceeded via a proffer on award of compensation. The Special Master found the proffer reasonable and awarded $295,000.00 as a lump sum, representing all elements of compensation under 42 U.S.C. § 300aa-15(a). The public text indicates the theory is "Table" for SIRVA. No specific medical experts or detailed causation mechanism were described in the public decision. The award was made to Nanci Brill, a competent adult. Decision date: October 14, 2015. Petitioner counsel: Ronald C. Homer. Respondent counsel: Michael P. Milmoe. Special Master: Laura D. Millman.
Source PDFs
USCOURTS-cofc-1_14-vv-00607