Sherri Diaz v. HHS - Influenza, brachial neuritis of the left shoulder (2020)

Sherri Diaz filed a petition for compensation under the National Vaccine Injury Compensation Program on December 11, 2018, alleging she suffered brachial neuritis of the left shoulder after receiving an influenza vaccination on September 19, 2016. Ms.

Diaz stated the vaccination was administered in the United States, that she experienced residual effects for more than six months, and that she had no prior award or settlement for civil action damages. The respondent, the Secretary of Health and Human Services, denied that the influenza vaccine caused her brachial neuritis or any other injury.

Despite the denial, the parties filed a joint stipulation on October 16, 2020, agreeing that compensation should be awarded. Chief Special Master Brian H.

Corcoran reviewed the stipulation, found it reasonable, and adopted it as the decision awarding damages. Ms.

Diaz was awarded a lump sum of $78,740.17, representing compensation for all items of damages available under Section 15(a) of the Vaccine Act. The decision was issued on October 16, 2020.

Petitioner's counsel was Andrew Donald Downing of Van Cott & Talamante, PLLC, and respondent's counsel was Traci R. Patton of the U.S.

Department of Justice. The public decision does not describe the specific onset of symptoms, medical tests, treatments, or expert testimony.