Joseph Brunner v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2017)
Case summary [AI summaries can sometimes make mistakes]
Joseph Brunner filed a petition for compensation under the National Vaccine Injury Compensation Program on June 14, 2016. He alleged that he suffered a shoulder injury related to vaccine administration (SIRVA) caused by an influenza vaccine he received on September 28, 2015.
The case was assigned to the Special Processing Unit. On September 30, 2016, the Chief Special Master issued a ruling on entitlement, finding Mr.
Brunner entitled to compensation. Respondent filed a proffer on November 29, 2016, indicating that Mr.
Brunner should be awarded $105,000.00, and Mr. Brunner agreed with this proffered award.
The decision on March 7, 2017, awarded Mr. Brunner a lump sum payment of $105,000.00, payable to him as a check.
This award represents compensation for all damages available under the Vaccine Act. Mr.
Brunner is a competent adult, and no guardianship was required. The case proceeded as an off-Table claim.
Petitioner was represented by John Howie, Jr. of Howie Law, P.C., and respondent was represented by Linda Renzi, U.S. Department of Justice.
The decision was issued by Chief Special Master Nora Beth Dorsey.
Theory of causation
Petitioner Joseph Brunner alleged that an influenza vaccine administered on September 28, 2015, caused a shoulder injury related to vaccine administration (SIRVA). The case was designated as an off-Table claim. The Chief Special Master issued a ruling on entitlement on September 30, 2016, finding petitioner entitled to compensation. Respondent filed a proffer on November 29, 2016, recommending an award of $105,000.00, which petitioner accepted. On March 7, 2017, Chief Special Master Nora Beth Dorsey awarded petitioner a lump sum of $105,000.00, representing all elements of compensation under 42 U.S.C. § 300aa-15(a). Petitioner was represented by John Howie, Jr., and respondent was represented by Linda Renzi.
Source PDFs
USCOURTS-cofc-1_16-vv-00698