Tracy Brienen v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2022)

Tracy Brienen filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) from an influenza vaccine received on November 1, 2017. She claimed the injury resulted in residual effects lasting more than six months.

Respondent denied that the flu vaccine caused her injury or significantly aggravated a pre-existing condition, and denied it was a SIRVA Table Injury. Despite these denials, the parties filed a joint stipulation agreeing to settle the case and award compensation.

The court adopted the stipulation as its decision, awarding Tracy Brienen a lump sum of $10,000.00. This amount represents compensation for all damages available under Section 15(a) of the Vaccine Act.

The stipulation also addressed future proceedings for attorneys' fees and costs. The parties released the United States and the Secretary of Health and Human Services from further claims related to this vaccination in exchange for the agreed-upon compensation.