Sherry Briggs v. HHS - Influenza, right shoulder injury related to vaccine administration (SIRVA) (2017)

Filed 2017-08-29Decided 2017-10-06Vaccine Influenza
compensated$80,000

Case summary [AI summaries can sometimes make mistakes]

Sherry Briggs filed a petition for vaccine injury compensation on February 23, 2017, alleging she suffered a right shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on October 21, 2015. The respondent filed a Rule 4(c) report conceding that petitioner was entitled to compensation.

The respondent stated that the petitioner's alleged right shoulder injury was consistent with SIRVA and was caused in fact by the flu vaccine. The respondent further agreed that no other causes for the petitioner's SIRVA were identified and that records showed she suffered the sequelae of her injury for more than six months after vaccination.

Based on the respondent's concession and the evidence of record, Chief Special Master Nora Beth Dorsey issued a Ruling on Entitlement on October 6, 2017, finding petitioner entitled to compensation. Subsequently, on August 29, 2018, the respondent filed a Proffer on Award of Compensation, indicating that petitioner should be awarded $80,000.00 for pain and suffering damages, which the petitioner agreed to.

Chief Special Master Dorsey issued a Decision Awarding Damages on October 23, 2018, awarding petitioner a lump sum payment of $80,000.00, in the form of a check payable to Sherry Briggs, representing compensation for all damages available under 42 U.S.C. § 300aa-15(a). Petitioner was represented by Amy A.

Senerth of Muller Brazil, LLP, and respondent was represented by Colleen Clemons Hartley of the U.S. Department of Justice.

The public decision does not describe the specific onset of symptoms, medical tests performed, or treatments received. The specific mechanism of injury is not detailed in the public decision.

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