Brooke Lee Guelker v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2018)

Brooke Lee Guelker filed a petition for compensation under the National Vaccine Injury Compensation Program on April 6, 2017, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) from an influenza vaccination administered on October 5, 2015. The petition stated the vaccine was administered in the United States, the injury had residual effects for over six months, and there had been no prior award or settlement for this injury.

The respondent denied that the flu vaccination caused the alleged SIRVA or any other injury. The parties filed a joint stipulation on January 11, 2018, agreeing to settle the case.

Chief Special Master Nora Beth Dorsey adopted the stipulation, awarding Brooke Lee Guelker a lump sum of $135,000.00 for all damages. This amount represents compensation for all items of damages available under the Vaccine Act.

The decision was entered on January 11, 2018. Petitioner was represented by John Robert Howie of Howie Law, PC, and respondent was represented by Darryl R.

Wishard of the U.S. Department of Justice.