Tatum Brevig v. HHS - Influenza, left shoulder injury related to vaccine administration (SIRVA) (2021)
Case summary [AI summaries can sometimes make mistakes]
Tatum Brevig filed a petition on October 21, 2019, seeking compensation under the National Vaccine Injury Compensation Program. Petitioner alleged that she suffered a shoulder injury related to vaccine administration (SIRVA) causally related to receiving an influenza vaccine on October 22, 2016.
Respondent, the Secretary of Health and Human Services, denied that petitioner suffered a SIRVA Table injury or that the flu vaccine caused her alleged shoulder injury or current condition. The parties filed a joint stipulation on September 14, 2021, agreeing to settle the issues and award compensation.
Chief Special Master Brian H. Corcoran adopted the stipulation as his decision.
The decision awarded Tatum Brevig a lump sum of $20,000.00, payable by check to Petitioner, as compensation for all items of damages available under Section 15(a) of the Vaccine Act. This amount represents compensation for her SIRVA injury, which was considered a Table injury.
The stipulation stated that this award may reflect a compromise of the parties' respective positions on liability and/or damages. Petitioner, through her counsel Seth Zawila of Robins Kaplan LLP, and Respondent, through counsel Christine Mary Becer of the U.S.
Department of Justice, signed the stipulation. The decision was entered on October 14, 2021.
Theory of causation
Petitioner Tatum Brevig received an influenza vaccine on October 22, 2016, and alleged a left shoulder injury related to vaccine administration (SIRVA). Respondent denied this claim. The parties filed a joint stipulation agreeing to settle the case. The stipulation identified the injury as a SIRVA, which is listed in the Vaccine Injury Table (the "Table"), 42 C.F.R. § 100.3(a). The stipulation stated that the parties agreed to settle the issues and that a decision should be entered awarding compensation. The decision adopted the stipulation, awarding Petitioner a lump sum of $20,000.00 for all items of damages. The public decision does not describe the specific mechanism of injury, expert testimony, or detailed clinical facts. The case was settled via stipulation, and judgment was entered accordingly on October 14, 2021, by Chief Special Master Brian H. Corcoran. Petitioner was represented by Seth Zawila, and Respondent was represented by Christine Mary Becer.
Source PDFs
USCOURTS-cofc-1_19-vv-01635