Brenda McBride v. HHS - Influenza, full thickness rotator cuff tear (2020)

Filed 2019-07-30Decided 2020-12-14Vaccine Influenza
compensated$85,000

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 December 14, 2020, 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.

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