Blanche Berkowitz v. HHS - Pneumococcal, Shoulder Injury Related to Vaccine Administration (SIRVA) (2018)

Filed 2017-04-10Decided 2018-05-17Vaccine Pneumococcal
compensated$30,000

Case summary [AI summaries can sometimes make mistakes]

Blanche Berkowitz filed a petition for compensation under the National Vaccine Injury Compensation Program on April 10, 2017. She alleged that she suffered a Shoulder Injury Related to Vaccine Administration (SIRVA) as a result of her pneumococcal conjugate (Prevnar 13) vaccination on October 21, 2015.

Ms. Berkowitz stated that the vaccination occurred in the United States, that the effects of her injury lasted more than six months, and that she had not filed any prior civil action for damages.

The respondent denied that the Prevnar 13 vaccination caused petitioner's alleged SIRVA or any other injury. Nevertheless, on March 15, 2018, the parties filed a joint stipulation agreeing that compensation should be awarded.

Chief Special Master Nora Beth Dorsey found the stipulation reasonable and adopted it as the decision of the Court. Pursuant to the stipulation, Ms.

Berkowitz was awarded a lump sum of $30,000.00 in compensation for all items of damages. Petitioner was represented by Nancy Routh Meyers of Ward Black Law, and respondent was represented by Claudia Barnes Gangi of the U.S.

Department of Justice. The decision was issued on May 17, 2018.

Theory of causation

Petitioner Blanche Berkowitz alleged a Shoulder Injury Related to Vaccine Administration (SIRVA) following a pneumococcal conjugate (Prevnar 13) vaccination on October 21, 2015. The respondent denied causation. The parties filed a joint stipulation agreeing to compensation. The public decision does not describe the specific mechanism of injury, medical experts, or detailed clinical findings. The case was resolved via stipulation, with a lump sum award of $30,000.00 for all damages. Chief Special Master Nora Beth Dorsey issued the decision on May 17, 2018. Petitioner's counsel was Nancy Routh Meyers, and respondent's counsel was Claudia Barnes Gangi. The theory of causation was based on the Vaccine Injury Table.

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