Breunna Bingham v. HHS - Influenza, left shoulder injury related to vaccine administration (SIRVA) (2019)
Case summary [AI summaries can sometimes make mistakes]
Breunna Bingham filed a petition for compensation under the National Vaccine Injury Compensation Program on November 16, 2017, alleging she suffered a left shoulder injury related to vaccine administration (SIRVA) from an influenza vaccine received on November 2, 2016. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report conceding entitlement.
The respondent concluded that petitioner suffered bursitis in her left shoulder caused by the flu vaccine and experienced sequelae for more than six months, meeting the statutory requirements for compensation. On October 22, 2018, Chief Special Master Nora Beth Dorsey issued a ruling on entitlement, finding petitioner entitled to compensation.
Subsequently, on March 19, 2019, the respondent filed a proffer on award of compensation, proposing an award of $82,500.00, which the petitioner accepted. Chief Special Master Dorsey issued a decision awarding damages on May 29, 2019, granting a lump sum payment of $82,500.00, representing compensation for all damages available under the Vaccine Act.
Petitioner was represented by Maximillian J. Muller of Muller Brazil, LLP, and respondent was represented by Camille Michelle Collett 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 theory of causation is based on a Table injury.
Theory of causation
Petitioner Breunna Bingham received an influenza vaccine on November 2, 2016, and subsequently alleged a left shoulder injury related to vaccine administration (SIRVA). The respondent conceded entitlement, concluding that petitioner suffered bursitis in her left shoulder caused by the flu vaccine and experienced sequelae for more than six months. This falls under a "Table" injury. The public text does not name specific medical experts or detail the mechanism of injury beyond the general description of SIRVA. Petitioner was awarded $82,500.00 as a lump sum payment for all damages. The ruling on entitlement was issued on October 22, 2018, and the decision awarding damages was issued on May 29, 2019, by Chief Special Master Nora Beth Dorsey. Petitioner's counsel was Maximillian J. Muller, and respondent's counsel was Camille Michelle Collett.
Source PDFs
USCOURTS-cofc-1_17-vv-01803