Kristinia Brooks v. HHS - Influenza, left shoulder injury related to vaccine administration (SIRVA) (2021)

Kristinia Brooks filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging she suffered a left shoulder injury related to vaccine administration (SIRVA) as a result of an influenza vaccine administered on October 10, 2016. The case was assigned to the Special Processing Unit.

Respondent filed a Rule 4(c) report conceding that Petitioner is entitled to compensation. Respondent agreed that Petitioner's claim met the Table criteria for SIRVA, noting she had no prior history of shoulder issues, experienced pain within 48 hours of vaccination, and her pain and reduced range of motion were limited to the injection shoulder.

Respondent also confirmed the case was timely filed, the vaccine was received in the United States, and Petitioner met the statutory severity requirement. Based on Respondent's concession and the evidence, entitlement to compensation was granted.

Subsequently, a decision awarding damages was issued. Respondent filed a proffer on award of compensation, indicating Petitioner should be awarded $120,392.16, which Petitioner agreed with.

The court awarded Kristinia Brooks a lump sum payment of $120,392.16, comprised of $120,000.00 for pain and suffering and $392.16 for actual lost wages.