Vickie Brashear v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2019)
Case summary [AI summaries can sometimes make mistakes]
Vickie Brashear filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on November 2, 2016. She claimed the injury resulted in residual effects lasting more than six months.
Respondent denied that petitioner sustained a SIRVA Table injury or that the vaccine caused her alleged injury. Despite these denials, the parties filed a joint stipulation agreeing to a settlement.
The court adopted the stipulation, awarding Vickie Brashear a lump sum of $101,054.00 as compensation for all damages. This amount represents a compromise of the parties' respective positions on liability and damages.
The decision was entered on November 15, 2019, following the stipulation filed on August 23, 2019, and the petition filed on July 18, 2018. The case was processed as a Table claim, and the award covers all items of damages available under the Vaccine Act.
Source PDFs
USCOURTS-cofc-1_18-vv-01048