Marna Brickman v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2023)
Case summary [AI summaries can sometimes make mistakes]
On March 16, 2021, Marna Brickman filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccination on November 10, 2020. She further alleged that her injury caused residual effects for more than six months.
The respondent, represented by Madelyn Weeks of the U.S. Department of Justice, filed a Rule 4(c) report on August 24, 2023, conceding that Petitioner's alleged injury was consistent with SIRVA as defined by the Vaccine Injury Table and that she satisfied all legal requirements for compensation.
Following this concession, Chief Special Master Brian H. Corcoran issued a Ruling on Entitlement on August 24, 2023, finding Petitioner entitled to compensation.
Subsequently, on October 13, 2023, the parties submitted a proffer on the award of compensation. In a Decision filed on November 20, 2023, Chief Special Master Corcoran awarded Marna Brickman a lump sum payment of $65,922.08.
This award consisted of $65,000.00 for pain and suffering and $922.08 for past unreimbursable expenses, intended to compensate for all damages available under the Act. Petitioner was represented by Leah VaSahnja Durant of the Law Offices of Leah V.
Durant, PLLC.
Theory of causation
Marna Brickman filed a petition alleging SIRVA following an influenza vaccination on November 10, 2020, and residual effects for more than six months. The respondent conceded that the alleged injury was consistent with SIRVA as defined by the Vaccine Injury Table and that all legal requirements for compensation were met. The theory of causation is based on the Vaccine Injury Table. No specific medical experts were named in the provided text. The outcome was compensation. Chief Special Master Brian H. Corcoran issued a Ruling on Entitlement on August 24, 2023, and a Decision on Damages on November 20, 2023. The award was a lump sum of $65,922.08, comprising $65,000.00 for pain and suffering and $922.08 for past unreimbursable expenses. Petitioner was represented by Leah VaSahnja Durant and respondent by Madelyn Weeks.
Source PDFs
USCOURTS-cofc-1_21-vv-01066