Karen Garner v. HHS - Influenza, left axillary nerve injury (2021)

Karen Garner filed a petition for vaccine compensation on August 14, 2019, alleging a left axillary nerve injury resulting from an influenza vaccine administered on January 5, 2017. Petitioner stated the vaccine was administered within the United States and that she experienced residual effects of her condition for more than six months.

She also affirmed there had been no prior award or settlement of a civil action for damages on her behalf. The respondent denied that the influenza vaccine caused petitioner's alleged left axillary nerve injury or any other injury or condition.

On May 18, 2021, the parties filed a joint stipulation agreeing to settle the case. Chief Special Master Brian H.

Corcoran reviewed and adopted the stipulation. As compensation for all damages, Karen Garner was awarded $10,000.00 in the form of a check payable to her.

This award represents a compromise of liability and damages, and the stipulation explicitly states it is not an admission by the respondent that the vaccine caused the injury. Petitioner was represented by Paul R.

Brazil of Muller Brazil, LLP, and respondent was represented by Matthew Murphy of the U.S. Department of Justice.