Janice Berkow v. HHS - Influenza, right upper extremity injuries (2022)

Janice Berkow filed a petition for vaccine compensation on December 19, 2019, alleging she suffered right upper extremity injuries resulting from an influenza vaccine received on September 19, 2018. The petition was later amended on April 30, 2020.

Ms. Berkow alleged that the vaccine was administered in the United States, that she experienced residual effects of her injury for more than six months, and that she had not received a prior award or settlement for this injury.

The respondent, the Secretary of Health and Human Services, denied that Ms. Berkow sustained a Shoulder Injury Related to Vaccine Administration (SIRVA) Table injury, denied that the vaccine caused her alleged right shoulder injury or any other injury, and denied that her current condition was a sequela of a vaccine-related injury.

Despite these denials, the parties filed a joint stipulation on July 26, 2022, agreeing that a decision should be entered awarding compensation. Chief Special Master Brian H.

Corcoran adopted the stipulation as the decision. Ms.

Berkow was awarded a lump sum of $38,500.00, payable to her, as compensation for all items of damages available under Section 15(a) of the National Vaccine Injury Compensation Program. This award represents a settlement of liability and damages.

The case proceeded as a Table claim, and the parties stipulated to damages. Petitioner was represented by Daniel J.

Bellig of Farrish Johnson Law Office, and respondent was represented by Alexa Roggenkamp of the U.S. Department of Justice.