Tammy Berry v. HHS - Influenza, left shoulder injury related to vaccine administration (SIRVA) (2021)
Case summary [AI summaries can sometimes make mistakes]
Tammy Berry filed a petition for compensation under the National Vaccine Injury Compensation Program on April 14, 2020, alleging she suffered a left shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on October 17, 2018. Petitioner claimed the injury met the Table definition for SIRVA or was caused-in-fact by the vaccine.
Respondent denied that the vaccine caused her injury and denied that she sustained a SIRVA Table injury. The parties filed a joint stipulation on June 29, 2021, agreeing to settle the case.
Chief Special Master Brian H. Corcoran adopted the stipulation as the decision awarding damages.
Tammy Berry was awarded a lump sum of $41,500.00 as compensation for all damages available under the Vaccine Act. Petitioner was represented by Bridget Candace McCullough of Muller Brazil, LLP, and Respondent was represented by Mollie Danielle Gorney of the U.S.
Department of Justice. The decision was issued on July 29, 2021.
Theory of causation
Petitioner Tammy Berry received an influenza vaccine on October 17, 2018, and alleged a left shoulder injury related to vaccine administration (SIRVA). Respondent denied that the vaccine caused the injury or a SIRVA Table injury. The parties filed a joint stipulation agreeing to settle the case. The public text does not describe the specific mechanism of injury, medical experts, or detailed clinical findings. The case was settled via stipulation, with a decision entered by Chief Special Master Brian H. Corcoran on July 29, 2021. Petitioner was awarded $41,500.00 as compensation for all damages. Petitioner was represented by Bridget Candace McCullough and Respondent by Mollie Danielle Gorney.
Source PDFs
USCOURTS-cofc-1_20-vv-00434