Brenda Kearns v. HHS - Influenza, Shoulder Injury Related to Vaccine Administration (SIRVA) (2021)

Brenda Kearns filed a petition for compensation under the National Vaccine Injury Compensation Program on August 27, 2019, alleging she suffered a Shoulder Injury Related to Vaccine Administration (SIRVA) after receiving an influenza vaccine on October 24, 2018. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report conceding that Kearns' injury met the criteria set forth in the Vaccine Injury Table and the Qualifications and Aids to Interpretation.

Based on the respondent's concession and the evidence of record, Chief Special Master Brian H. Corcoran issued a Ruling on Entitlement on March 22, 2021, finding Kearns entitled to compensation.

Subsequently, on May 17, 2021, the respondent filed a proffer on the award of compensation. The respondent recommended an award of $85,000.00 for pain and suffering, and Kearns agreed to this amount.

Chief Special Master Corcoran issued a Decision Awarding Damages on June 17, 2021, awarding Kearns a lump sum payment of $85,000.00, representing compensation for all damages available under the Act. The decision does not describe the specific onset of symptoms, medical tests, treatments, or the mechanism of injury.

Petitioner was represented by Leah VaSahnja Durant, and respondent was represented by Matthew Murphy.