Brenda Burciago v. HHS - Influenza, shoulder injury related to vaccine administration (2022)

Brenda Burciago filed a petition for compensation under the National Vaccine Injury Compensation Program on December 30, 2019. She alleged that she suffered a shoulder injury related to vaccine administration (SIRVA) causally related to receiving an influenza vaccine on January 19, 2018.

The case proceeded as a Table claim, as SIRVA is listed on the Vaccine Injury Table. The parties, Petitioner Brenda Burciago represented by David John Carney of Green & Schafle LLC, and Respondent Secretary of Health and Human Services represented by Camille Michelle Collett of the U.S.

Department of Justice, reached a joint stipulation for damages. Chief Special Master Brian H.

Corcoran reviewed and adopted the stipulation as his decision on January 18, 2022. As part of the stipulation, Brenda Burciago was awarded a lump sum of $39,500.00 for pain and suffering, and a lump sum of $2,223.43 to reimburse a Medicaid lien.

The total award was $41,723.43. This award represents compensation for all items of damages available under the Vaccine Act.

The stipulation also addressed future proceedings for attorneys' fees and costs. The parties agreed that the stipulation was a full and complete negotiated settlement of liability and damages claimed under the National Childhood Vaccine Injury Act of 1986, as amended, and that it was not an admission by the United States or the Secretary that the vaccine caused the alleged injury.