Joann Brenner v. HHS - Influenza, left shoulder injury (2017)

Joann Brenner filed a petition for compensation under the National Vaccine Injury Compensation Program on June 3, 2016, alleging she suffered a left shoulder injury following her November 1, 2014 influenza vaccination. The case was assigned to the Special Processing Unit.

On September 15, 2016, the respondent filed a Rule 4(c) report conceding that petitioner's alleged left shoulder injury was consistent with a Shoulder Injury Related to Vaccine Administration (SIRVA) and was caused-in-fact by the flu vaccine received on November 1, 2014. The respondent also agreed that no other cause for the injury was identified and that the petitioner's SIRVA and its sequela persisted for more than six months, satisfying all legal prerequisites for compensation.

Based on the respondent's concession, Chief Special Master Nora Beth Dorsey issued a ruling on entitlement on September 16, 2016, finding Joann Brenner entitled to compensation. Subsequently, on November 15, 2016, the parties submitted a proffer on award of compensation.

The respondent proffered an award of $90,000.00, representing all elements of compensation under 42 U.S.C. § 300aa-15(a), which the petitioner agreed to. Chief Special Master Nora Beth Dorsey issued a decision on March 2, 2017, awarding Joann Brenner a lump sum payment of $90,000.00 in the form of a check payable to her, representing compensation for all damages.

Petitioner was represented by Maximillian Muller of Muller Brazil, LLP, and respondent was represented by Glenn MacLeod of the U.S. Department of Justice.