Brooke Konsky v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2021)

Brooke Konsky filed a petition for vaccine compensation on May 10, 2018, alleging she suffered a left shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on October 5, 2016. Petitioner alleged the vaccine was administered in the United States, that she experienced residual effects of the condition for more than six months, and that there had been no prior award or settlement for this injury.

The respondent denied that petitioner sustained a SIRVA Table injury, denied that the vaccine caused the alleged shoulder injury or any other injury, and denied that her current condition was a sequelae of a vaccine-related injury. Despite these denials, the parties filed a joint stipulation on May 4, 2021, agreeing to settle the case.

Chief Special Master Brian H. Corcoran reviewed the stipulation, found it reasonable, and adopted it as the court's decision.

Pursuant to the stipulation, Brooke Konsky was awarded a lump sum of $45,000.00, payable by check to Petitioner, as compensation for all items of damages available under the Vaccine Act. This amount represents a negotiated settlement of liability and damages.

Petitioner was represented by Amy A. Senerth of Muller Brazil, LLP, and respondent was represented by Jennifer Leigh Reynaud of the U.S.

Department of Justice. The decision was issued on May 6, 2021.