Jessica Brown v. HHS - Influenza, left-sided shoulder injury related to vaccine administration (SIRVA) (2020)

Jessica Brown filed a petition for compensation under the National Vaccine Injury Compensation Program on July 13, 2018, alleging that her influenza vaccine administered on September 12, 2017, caused a left-sided shoulder injury related to vaccine administration (SIRVA). The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on July 1, 2019, conceding that the evidence established that the petitioner's flu vaccination caused her to develop subacromial bursitis and that her injury and its sequelae persisted for more than six months after vaccination.

Based on the respondent's concession and the evidence of record, Chief Special Master Nora Beth Dorsey issued a ruling on entitlement on July 10, 2019, finding the petitioner entitled to compensation. Subsequently, on February 11, 2020, the respondent filed a proffer recommending an award of $85,000.00 for pain and suffering.

The petitioner, a competent adult, agreed with this proffered award. Chief Special Master Brian H.

Corcoran issued a decision on February 18, 2020, awarding Jessica Brown a lump sum payment of $85,000.00, representing compensation for pain and suffering, in the form of a check payable to the petitioner. This award covers all damages available under 42 U.S.C. § 300aa-15(a).

Petitioner was represented by Leah VaSahnja Durant and Summer Pope Abel of the Law Offices of Leah V. Durant, PLLC.

Respondent was represented by Amy Paula Kokot and Ryan Daniel Pyles of the U.S. Department of Justice.