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

Helen Brummett filed a petition for compensation under the National Vaccine Injury Compensation Program on April 16, 2021. She alleged that she suffered a shoulder injury related to vaccine administration (SIRVA) as a result of an influenza vaccination she received on September 27, 2020.

The case was assigned to the Special Processing Unit. On May 23, 2023, the Respondent filed a Rule 4(c) report conceding that Petitioner was entitled to compensation.

The Respondent stated that Petitioner met the criteria set forth in the Vaccine Injury Table and the Qualifications and Aids to Interpretation for SIRVA following the intramuscular administration of a flu vaccine. The Respondent also agreed that the case was timely filed, the vaccine was received in the United States, and Petitioner satisfied the statutory severity requirement by suffering residual effects or complications for more than six months after vaccination.

Based on the Respondent's concession and the evidence of record, Chief Special Master Brian H. Corcoran issued a Ruling on Entitlement on May 30, 2023, finding Petitioner entitled to compensation.

Subsequently, on October 13, 2023, the Respondent filed a proffer on the award of compensation, recommending an award of $85,000.00, which Petitioner agreed to. On November 14, 2023, Chief Special Master Corcoran issued a Decision Awarding Damages, granting Petitioner a lump sum payment of $85,000.00, payable to Helen Brummett, representing compensation for all damages available under Section 15(a).

Petitioner was represented by Nancy Routh Meyers of Turning Point Litigation, and Respondent was represented by Mitchell Jones of the U.S. Department of Justice.