Briahna Bryant v. HHS - Influenza, right shoulder injury related to vaccine administration (SIRVA) (2024)
Case summary [AI summaries can sometimes make mistakes]
Briahna Bryant filed a petition for compensation under the National Vaccine Injury Compensation Program on December 1, 2021, alleging a right shoulder injury related to vaccine administration (SIRVA) following an influenza vaccine received on December 5, 2018. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on November 7, 2022, conceding that Ms.
Bryant met the criteria for a Table injury and was entitled to compensation. A ruling on entitlement was issued on November 14, 2022.
The parties were unable to agree on a damages figure, leading to a decision on April 23, 2024. Ms.
Bryant, who was 17 years old at the time of vaccination, reported immediate pain and a burning sensation at the vaccination site, which worsened. Her medical history included ER visits, evaluations by physical therapists and neurologists, prescriptions for gabapentin, and normal MRI and EMG results.
She continued to play competitive hockey throughout much of her injury period. In January 2021, she sought treatment at an ER near her college, reporting constant pain.
An orthopedic surgeon administered a cortisone injection and an MRI revealed a posterior labral tear, mild rotator cuff tendonitis, and other findings. She underwent arthroscopic surgery on September 2, 2021, for a labral repair, biceps tenodesis, and subacromial decompression.
Post-operative physical therapy sessions followed. Ms.
Bryant sought $165,000.00 for pain and suffering, arguing her SIRVA injury was severe, required extensive treatment, and had ongoing sequelae. The respondent proposed $105,000.00, citing conservative treatment and her ability to continue playing hockey.
Chief Special Master Brian H. Corcoran awarded Ms.
Bryant $140,000.00 for pain and suffering. He noted the injury's significant duration, spanning three years of treatment with some gaps, and its impact on her life as a student athlete, including requiring note-takers in class and affecting her hockey playing time.
The award was slightly higher than a comparable case, McKay v. Sec’y of Health & Human Servs., which awarded $135,000.00, due to the documented impact on Ms.
Bryant's daily life and student activities. The award represents compensation for all damages available under Section 15(a) of the Vaccine Act.
Theory of causation
Briahna Bryant, age 17, received an influenza vaccine on December 5, 2018, and subsequently developed a right shoulder injury related to vaccine administration (SIRVA). The respondent conceded entitlement, agreeing that the injury met the criteria of the Vaccine Injury Table. The case proceeded to a damages decision where Chief Special Master Brian H. Corcoran awarded $140,000.00 for pain and suffering. The decision noted the injury's duration of approximately three years, with treatment including physical therapy, a cortisone injection, and arthroscopic surgery. The Special Master considered the severity and duration of pain, the impact on Ms. Bryant's life as a student athlete, and compared the case to prior SIRVA awards, finding the $140,000.00 award appropriate. Attorneys for Petitioner were David John Carney and Mark Kim Hellie (Respondent). The decision date was April 23, 2024.