Louise Brinskelle v. HHS - Influenza, Shoulder Injury Related to Vaccine Administration (SIRVA) (2019)

Louise Brinskelle filed a petition for compensation under the National Vaccine Injury Compensation Program on November 28, 2017. She alleged that she suffered a Shoulder Injury Related to Vaccine Administration (SIRVA) as a result of an influenza vaccination she received on October 28, 2016.

Ms. Brinskelle stated that the vaccine was administered in the United States and that she experienced residual effects from her injury for more than six months.

She also affirmed that she had not received a prior award or settlement for this injury. The respondent, the Secretary of Health and Human Services, denied that Ms.

Brinskelle suffered a "Table injury" and denied that the influenza vaccine caused her alleged shoulder injury or any other condition. However, on June 28, 2019, the parties submitted a joint stipulation agreeing that compensation should be awarded.

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

Brinskelle was awarded a lump sum of $85,000.00, payable by check to the petitioner, as compensation for all items of damages. The decision was issued on September 18, 2019.

Petitioner was represented by Jeffrey S. Pop of Jeffrey S.

Pop & Associates, and respondent was represented by Heather Lynn Pearlman of the U.S. Department of Justice.