Dawn Eberhardt v. HHS - Influenza, left shoulder injury and brachial neuritis (2020)

Dawn Eberhardt filed a petition for compensation on March 23, 2018, alleging that she suffered a left shoulder injury and brachial neuritis caused by an influenza vaccination administered on October 8, 2015. Ms.

Eberhardt stated that the vaccine was administered within the United States, that she experienced residual effects for more than six months, and that she had no prior award or settlement for this condition. The respondent denied that the brachial neuritis or left shoulder injury was caused by the flu vaccination and further denied that the petitioner sustained a Table Shoulder Injury Related to Vaccine Administration (SIRVA).

Despite these positions, the parties filed a joint stipulation on February 3, 2020, agreeing to settle the case and award compensation. Chief Special Master Brian H.

Corcoran adopted the stipulation, awarding Dawn Eberhardt a lump sum of $75,000.00 for all items of damages. The decision was issued on February 7, 2020.

Petitioner was represented by Amy A. Senerth of Muller Brazil, LLP, and respondent was represented by Debra A.

Filteau Begley of the U.S. Department of Justice.