Tresa Burrell v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2023)

Filed 2020-12-15Decided 2023-06-26Vaccine Influenza
compensated$30,000

Case summary [AI summaries can sometimes make mistakes]

Tresa Burrell filed a petition for compensation on December 15, 2020, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on January 5, 2020. The respondent denied that the petitioner sustained a Table SIRVA injury, denied that the vaccine caused the alleged shoulder injury or any other injury, and denied that her current condition was a sequela of a vaccine-related injury.

Despite these disagreements, the parties filed a joint stipulation on May 22, 2023, agreeing to settle the case. Chief Special Master Brian H.

Corcoran adopted the stipulation as his decision. Pursuant to the stipulation, Tresa Burrell was awarded a lump sum of $30,000.00, payable by check to the petitioner, as compensation for all damages.

This amount represents a compromise of the parties' respective positions on liability and damages. The stipulation also outlines procedures for awarding attorneys' fees and costs.

The decision was issued on June 26, 2023. Petitioner was represented by Ronald Craig Homer of Conway, Homer, P.C., and respondent was represented by Mary Eileen Holmes of the U.S.

Department of Justice.

Theory of causation

Petitioner Tresa Burrell alleged a shoulder injury related to vaccine administration (SIRVA) following an influenza vaccine received on January 5, 2020. Respondent denied a Table SIRVA injury, causation, or sequela. The parties filed a joint stipulation on May 22, 2023, agreeing to settle the case. Chief Special Master Brian H. Corcoran adopted the stipulation, awarding Tresa Burrell $30,000.00 as compensation for all damages. The public decision does not describe the specific mechanism of injury, onset, symptoms, diagnostic tests, treatments, or expert witnesses. The award represents a compromise of liability and damages. The decision date was June 26, 2023. Petitioner's counsel was Ronald Craig Homer, and respondent's counsel was Mary Eileen Holmes.

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