Dawn Brooks v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2020)

Dawn Brooks filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) from an influenza vaccine she received on October 6, 2017. She stated the vaccine was administered in the United States and that she experienced residual effects for more than six months, with no prior award or settlement for this condition.

Respondent denied that petitioner sustained a Table SIRVA injury or that the vaccine caused her injury. Despite these positions, the parties filed a joint stipulation agreeing to settle the case and award compensation.

The court adopted the stipulation, awarding Dawn Brooks a lump sum of $40,000.00 for all damages. This amount represents compensation for all items of damages available under the program.

The stipulation also noted that the parties would submit to further proceedings for reasonable attorneys' fees and costs. The settlement was presented as a full and complete negotiated settlement of liability and damages, with no admission of causation by the respondent.