Brendia Nix v. HHS - Influenza, Shoulder Injury Related to Vaccine Administration (SIRVA) (2024)
Case summary [AI summaries can sometimes make mistakes]
Brendia Nix filed a petition for vaccine compensation on January 7, 2021, alleging a shoulder injury related to vaccine administration (SIRVA) resulting from an influenza vaccination received on September 17, 2018. The respondent, the Secretary of Health and Human Services, denied that Ms.
Nix sustained a SIRVA Table injury or that the flu vaccine caused her injury. Despite these denials, the parties filed a joint stipulation on January 26, 2024, agreeing to settle the case and award compensation.
Chief Special Master Brian H. Corcoran adopted the stipulation as the decision.
Ms. Nix was awarded a lump sum of $68,000.00, representing compensation for all damages available under the Vaccine Act.
The case proceeded as a Table claim. The stipulation included a release of all claims related to the alleged injury from the flu vaccine.
The decision was entered on March 4, 2024. Petitioner was represented by Leah VaSahnja Durant of the Law Offices of Leah V.
Durant, PLLC. Respondent was represented by Benjamin Patrick Warder of the U.S.
Department of Justice.
Theory of causation
Petitioner Brendia Nix alleged a Shoulder Injury Related to Vaccine Administration (SIRVA) from an influenza vaccine received on September 17, 2018. The respondent denied that petitioner sustained a SIRVA Table injury or that the vaccine caused her injury. The parties filed a joint stipulation on January 26, 2024, agreeing to settle the case. Chief Special Master Brian H. Corcoran adopted the stipulation, awarding a lump sum of $68,000.00. This case was processed as a Table claim. Petitioner was represented by Leah VaSahnja Durant and respondent by Benjamin Patrick Warder. The decision was entered on March 4, 2024.
Source PDFs
USCOURTS-cofc-1_21-vv-00234