Brooke Lee Guelker v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2018)
Case summary [AI summaries can sometimes make mistakes]
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 April 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.
Theory of causation
Petitioner Brooke Lee Guelker received an influenza vaccine on October 5, 2015, in the United States. She alleged a shoulder injury related to vaccine administration (SIRVA) with residual effects lasting over six months. Respondent denied causation. The parties filed a joint stipulation agreeing to settle the case. The Special Master adopted the stipulation, awarding a lump sum of $135,000.00 for all damages. The theory of causation is based on the Vaccine Injury Table (SIRVA). No specific medical experts or detailed clinical information were described in the public decision. Petitioner was represented by John Robert Howie, and respondent was represented by Darryl R. Wishard. The decision was entered on April 11, 2018, by Chief Special Master Nora Beth Dorsey.
Source PDFs
USCOURTS-cofc-1_17-vv-00485