Sheri L. Berrier v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2020)

Filed 2018-09-28Decided 2020-06-16Vaccine Influenza
compensated$73,000

Case summary [AI summaries can sometimes make mistakes]

On September 28, 2018, Sheri L. Berrier filed a petition under the National Vaccine Injury Compensation Program alleging she developed a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on or about September 30, 2016.

The respondent denied that Ms. Berrier sustained a SIRVA Table injury or any other injury as a result of the flu vaccine.

Despite the respondent's denial, the parties reached a settlement. On June 16, 2020, they filed a joint stipulation agreeing to resolve the case.

As part of the stipulation, the respondent agreed to pay Ms. Berrier a lump sum of $73,000.00 in the form of a check.

This amount was intended to compensate for all damages available under the National Childhood Vaccine Injury Act. Special Master Mindy Michaels Roth adopted the stipulation and awarded the compensation.

The petition was filed on September 28, 2018, and the decision on the stipulation was issued on June 16, 2020. Petitioner counsel was Zachary Hermsen, Esq., of Whitfield & Eddy Law.

Respondent counsel was Althea Davis, Esq., of the US Department of Justice.

Theory of causation

Petitioner Sheri L. Berrier alleged a shoulder injury related to vaccine administration (SIRVA) following an influenza vaccine on September 30, 2016. Respondent denied a SIRVA Table injury or any other vaccine-related injury. The parties reached a settlement, and a joint stipulation was filed on June 16, 2020. The stipulation resulted in an award of $73,000.00, representing compensation for all damages under the National Childhood Vaccine Injury Act. The specific medical mechanism, expert testimony, or detailed clinical facts supporting the alleged SIRVA were not described in the public decision, which focused on the settlement terms. Special Master Mindy Michaels Roth approved the stipulation. Petitioner counsel was Zachary Hermsen, Esq., and respondent counsel was Althea Davis, Esq. The petition was filed September 28, 2018, and the decision was issued June 16, 2020.

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