Brenda McBride v. HHS - Influenza, full thickness rotator cuff tear (2021)
Case summary [AI summaries can sometimes make mistakes]
Brenda McBride filed a petition for compensation under the National Vaccine Injury Compensation Program on July 30, 2019. She alleged that she suffered a full thickness rotator cuff tear caused by an influenza vaccine administered on November 10, 2017.
The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on November 17, 2020, conceding that Ms. McBride suffered a Table SIRVA (Shoulder Injury Related to Vaccine Administration) within the required timeframe.
Based on this concession, Chief Special Master Brian H. Corcoran issued a ruling on entitlement on November 18, 2020, finding Ms.
McBride eligible for compensation. Subsequently, on December 14, 2020, the parties filed a proffer agreement.
In this agreement, the respondent proposed an award of $85,000.00, representing compensation for all available damages under 42 U.S.C. § 300aa-15(a), and Ms. McBride agreed to this amount.
Chief Special Master Corcoran issued a decision on February 1, 2021, awarding Ms. McBride a lump sum payment of $85,000.00 in the form of a check.
The case was resolved through this stipulated award. Petitioner counsel was Lawrence R.
Cohan of Anapol Weiss, and respondent counsel was Lara Ann Englund of the U.S. Department of Justice.
Theory of causation
Petitioner Brenda McBride alleged a full thickness rotator cuff tear caused-in-fact by an influenza vaccine administered on November 10, 2017. The respondent conceded that Petitioner suffered a Table SIRVA (Shoulder Injury Related to Vaccine Administration) as defined by 42 C.F.R. § 100.3(c)(10) and that the six-month sequela requirement was satisfied. The public decision does not describe the specific mechanism of injury, expert testimony, or detailed clinical facts regarding the onset or symptoms. The case was resolved via a stipulated award of $85,000.00, representing all elements of compensation under 42 U.S.C. § 300aa-15(a). Chief Special Master Brian H. Corcoran issued the ruling on entitlement on November 18, 2020, and the decision awarding damages on February 1, 2021. Petitioner was represented by Lawrence R. Cohan, and respondent by Lara Ann Englund.
Source PDFs
USCOURTS-cofc-1_19-vv-01101