Cheri Brewster v. HHS - Influenza, left shoulder injury related to vaccine administration (SIRVA) (2022)
Case summary [AI summaries can sometimes make mistakes]
Cheri Brewster filed a petition for compensation under the National Vaccine Injury Compensation Program on November 17, 2020. She received an influenza vaccine on October 21, 2019.
Petitioner alleged that the flu vaccine caused her to develop a left shoulder injury related to vaccine administration (SIRVA). The respondent denied that the vaccine caused Petitioner's alleged SIRVA and residual effects, or any other injury.
The parties filed a joint stipulation on July 7, 2022, agreeing that compensation should be awarded. Chief Special Master Brian H.
Corcoran found the stipulation reasonable and adopted it as the decision of the court. Ms.
Brewster was awarded a lump sum of $20,000.00, representing compensation for all available items of damages. The case proceeded as a Table claim, as SIRVA is listed on the Vaccine Injury Table.
The public decision does not describe the onset, specific symptoms, diagnostic tests, treatments, or expert witnesses. Petitioner was represented by Amy A.
Senerth of Muller Brazil, LLP, and Respondent was represented by Andrew Henning of the U.S. Department of Justice.
Theory of causation
Petitioner Cheri Brewster received an influenza vaccine on October 21, 2019, and alleged a left shoulder injury related to vaccine administration (SIRVA). Respondent denied causation. The case proceeded as a Table claim, as SIRVA is listed on the Vaccine Injury Table. The parties filed a joint stipulation for compensation, which was approved by Chief Special Master Brian H. Corcoran on July 7, 2022. Petitioner was awarded $20,000.00. The public decision does not detail the specific mechanism of injury, expert testimony, or the evidence considered beyond the stipulation. Attorneys for Petitioner were Amy A. Senerth and Muller Brazil, LLP, and for Respondent was Andrew Henning.
Source PDFs
USCOURTS-cofc-1_20-vv-01604