VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-01604
Package ID: USCOURTS-cofc-1_20-vv-01604
Petitioner: Cheri Brewster
Filed: 2020-11-17
Decided: 2022-07-07
Vaccine: influenza
Vaccination date: 2019-10-21
Condition: left shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 20000

AI-assisted case summary:
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 field:
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.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_20-vv-01604-0
Date issued/filed: 2022-08-16
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 07/07/2022) regarding 27 DECISION Stipulation/Proffer, Signed by Chief Special Master Brian H. Corcoran. (kp) Service on parties made.
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Case 1:20-vv-01604-UNJ Document 31 Filed 08/16/22 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-1604V
UNPUBLISHED
CHERI BREWSTER, Chief Special Master Corcoran
Petitioner,
v. Filed: July 7, 2022
SECRETARY OF HEALTH AND Special Processing Unit (SPU); Joint
HUMAN SERVICES, Stipulation on Damages; Influenza
(Flu); Shoulder Injury Related to
Respondent. Vaccine Administration (SIRVA).
Amy A. Senerth, Muller Brazil, LLP, Dresher, PA, for Petitioner.
Andrew Henning, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION ON JOINT STIPULATION1
On November 17, 2020, Cheri Brewster filed a petition for compensation under the
National Vaccine Injury Compensation Program, 42 U.S.C. § 300aa-10, et seq.2 (the
“Vaccine Act”). On October 21, 2019, Petitioner received an influenza (“flu”) vaccine,
which vaccine is listed on the Vaccine Injury Table (the “Table”), 42 C.F.R. § 100.3(a).
Petitioner alleges that the flu vaccine caused her to develop a left shoulder injury related
to vaccine administration (“SIRVA”).
Respondent denies that Petitioner’s alleged SIRVA and residual effects, or any
other injury, were caused by her flu vaccine.
1 Because this unpublished Decision contains a reasoned explanation for the action in this case, I am
required to post it on the United States Court of Federal Claims' website in accordance with the E-
Government Act of 2002. 44 U.S.C. § 3501 note (2012) (Federal Management and Promotion of Electronic
Government Services). This means the Decision will be available to anyone with access to the
internet. In accordance with Vaccine Rule 18(b), Petitioner has 14 days to identify and move to redact
medical or other information, the disclosure of which would constitute an unwarranted invasion of privacy.
If, upon review, I agree that the identified material fits within this definition, I will redact such material from
public access.
2 National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755. Hereinafter, for ease
of citation, all section references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. §
300aa (2012).

Case 1:20-vv-01604-UNJ Document 31 Filed 08/16/22 Page 2 of 7
Nevertheless, on July 7, 2022, the parties filed the attached joint stipulation, stating
that a decision should be entered awarding compensation. I find the stipulation
reasonable and adopt it as my decision awarding damages, on the terms set forth therein.
Pursuant to the terms stated in the attached Stipulation, I award the following
compensation:
A lump sum of $20,000.00 in the form of a check payable to Petitioner.
Stipulation at ¶ 8. This amount represents compensation for all items of damages that
would be available under Section 15(a). Id.
I approve the requested amount for Petitioner’s compensation. In the absence of
a motion for review filed pursuant to RCFC Appendix B, the Clerk of Court is directed to
enter judgment in accordance with this decision.3
IT IS SO ORDERED.
s/Brian H. Corcoran
Brian H. Corcoran
Chief Special Master
3 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by the parties’ joint filing of notice
renouncing the right to seek review.
2

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