Brenda Whipkey v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2022)
Case summary [AI summaries can sometimes make mistakes]
Brenda Whipkey filed a petition for compensation under the National Vaccine Injury Compensation Program on August 14, 2020. She alleged that she suffered a shoulder injury related to vaccine administration (SIRVA) as a result of an influenza vaccine administered on September 22, 2018.
Ms. Whipkey stated that the vaccine was administered in the United States and that she has not experienced residual effects for more than six months, with no prior award or settlement for this injury.
The respondent denied that petitioner sustained a SIRVA Table injury, denied that the vaccine caused her left shoulder injury, and denied that her current condition is a sequela of a vaccine-related injury. Despite these denials, the parties filed a joint stipulation on February 15, 2022, agreeing to an award of compensation.
Chief Special Master Brian H. Corcoran found the stipulation reasonable and awarded Brenda Whipkey $30,000.00 as compensation for all items of damages in a lump sum.
Petitioner's counsel was LeeAnne Pedrick of Maglio, Christopher, & Toale P.A., and respondent's counsel was Alexa Roggenkamp of the U.S. Department of Justice.
The decision was issued on April 5, 2022.
Theory of causation
Petitioner Brenda Whipkey alleged a shoulder injury related to vaccine administration (SIRVA) following an influenza vaccine on September 22, 2018. Respondent denied a SIRVA Table injury, causation, and sequela. The parties filed a joint stipulation agreeing to compensation. Chief Special Master Brian H. Corcoran adopted the stipulation, awarding $30,000.00 as a lump sum to Petitioner. Petitioner was represented by LeeAnne Pedrick, and Respondent by Alexa Roggenkamp. The decision date was April 5, 2022.
Source PDFs
USCOURTS-cofc-1_20-vv-01015