Jessica Brooks v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2017)

Filed 2016-05-31Decided 2017-12-11Vaccine Influenza
compensated$85,000

Case summary [AI summaries can sometimes make mistakes]

Jessica Brooks filed a petition for compensation under the National Vaccine Injury Compensation Program on May 31, 2016. She alleged that she suffered a shoulder injury related to vaccine administration (SIRVA) in her left arm, which she claimed was causally related to an influenza vaccination received on November 14, 2014.

Ms. Brooks further alleged that the effects of her injury lasted for more than six months and that no civil action had been filed, nor had any compensation been received for the alleged vaccine-caused injury.

The respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused Ms. Brooks' alleged SIRVA or any other injury, and further denied that her current disabilities were a sequela of a vaccine-related injury.

Despite the respondent's denial, on May 4, 2017, the parties filed a joint stipulation for damages. Chief Special Master Nora Beth Dorsey reviewed the stipulation, found it to be reasonable, and adopted it as the decision of the Court.

Under the terms of the stipulation, Jessica Brooks was awarded a lump sum of $85,000.00, payable to her, as compensation for all items of damages. The decision was issued on December 11, 2017.

Petitioner was represented by Danielle Strait of Maglio, Christopher & Toale (WA), and respondent was represented by Michael Milmoe of the U.S. Department of Justice.

The public decision does not describe the specific onset of symptoms, medical tests performed, treatments received, or the specific mechanism of injury. The public decision also does not name any medical experts.

Theory of causation

Jessica Brooks filed a petition alleging a shoulder injury related to vaccine administration (SIRVA) in her left arm, causally related to an influenza vaccination received on November 14, 2014. The respondent denied causation. The parties filed a joint stipulation for damages, which was approved by Chief Special Master Nora Beth Dorsey. Petitioner was awarded $85,000.00 as compensation for all items of damages. The public decision does not specify the theory of causation, the mechanism of injury, or name any medical experts. The decision date was December 11, 2017, and the petition was filed on May 31, 2016. Petitioner's counsel was Danielle Strait, and respondent's counsel was Michael Milmoe.

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