Brooke Biel v. HHS - Influenza, right shoulder injury related to vaccine administration (SIRVA) (2022)

Brooke Biel filed a petition on November 1, 2019, seeking compensation under the National Vaccine Injury Compensation Program. She alleged that she suffered a right shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on November 2, 2016.

Petitioner claimed the injury met the Table definition for SIRVA or, in the alternative, was caused in fact by the vaccine. She further alleged that the vaccination occurred in the United States and that she continued to suffer residual effects of the SIRVA for more than six months post-vaccination.

Petitioner also stated that neither she nor anyone else had filed a civil action or received compensation for her alleged injury. The respondent denied that the petitioner sustained the onset of a SIRVA Table injury within the Table timeframe and denied that the influenza vaccine caused her alleged right shoulder injury, any other injury, or her current condition.

Despite these positions, the parties filed a joint stipulation on June 13, 2022, agreeing to settle the issues and award compensation. Chief Special Master Brian H.

Corcoran reviewed the stipulation and adopted it as the decision. The award included a lump sum payment of $85,000.00 payable to Petitioner and a lump sum payment of $536.85 to satisfy a Medicaid lien from the Pennsylvania Department of Human Services.

The total award of $85,536.85 represents compensation for all damages available under Section 15(a) of the Vaccine Act. Petitioner agreed to endorse the check for the Medicaid lien to the Pennsylvania Department of Human Services.

The decision does not describe the specific onset, symptoms, medical tests, treatments, or expert witnesses involved in this case. The public decision does not name Petitioner's counsel or Respondent's counsel.