Carrie Brazelton v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2017)
Case summary [AI summaries can sometimes make mistakes]
Carrie Brazelton filed a petition for vaccine compensation on July 20, 2016, alleging that she suffered a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on September 30, 2015. The case was assigned to the Special Processing Unit.
On September 22, 2016, the respondent filed a report conceding entitlement to compensation. The respondent concluded that petitioner suffered a SIRVA, that the injury was causally related to the flu vaccination, that no other causes for the SIRVA were identified, and that petitioner experienced residual effects for more than six months.
The respondent stated that petitioner had satisfied all legal prerequisites for compensation under the Vaccine Act. Based on the respondent's concession and the evidence of record, Chief Special Master Nora Beth Dorsey found petitioner entitled to compensation in a ruling issued on December 1, 2016.
Subsequently, on May 24, 2017, the parties filed a joint stipulation on damages. In this stipulation, they agreed that a decision should be entered awarding petitioner compensation in the amount of $100,000.00.
Chief Special Master Dorsey found the stipulation reasonable and adopted it as the decision of the Court. The award of $100,000.00 was to be paid as a lump sum in the form of a check payable to Carrie Brazelton, representing compensation for all damages available under 42 U.S.C. § 300aa-15(a).
The decision was issued on December 19, 2017. Petitioner was represented by Amber D.
Wilson of Maglio Christopher and Toale, PA, and respondent was represented by Voris E. Johnson of the U.S.
Department of Justice. The public decision does not describe the specific onset of symptoms, medical examinations, diagnostic tests, or treatments received by the petitioner.
Theory of causation
Petitioner Carrie Brazelton received an influenza vaccine on September 30, 2015. She alleged and was found to have suffered a shoulder injury related to vaccine administration (SIRVA), including bursitis, tendinitis, and impingement in her left shoulder. The respondent conceded entitlement, finding the SIRVA was causally related to the vaccination and that residual effects lasted more than six months, with no unrelated factors identified. The case was resolved via a joint stipulation on damages, approved by Chief Special Master Nora Beth Dorsey. The award was $100,000.00 as a lump sum, representing compensation for all damages under 42 U.S.C. § 300aa-15(a). The theory of causation is based on the Vaccine Injury Table (SIRVA). Petitioner was represented by Amber D. Wilson (Maglio Christopher and Toale, PA), and respondent was represented by Voris E. Johnson (U.S. Department of Justice). The decision on entitlement was issued December 1, 2016, and the final decision on damages was issued December 19, 2017.
Source PDFs
USCOURTS-cofc-1_16-vv-00851