Nicole Brickhouse v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2025)

Filed 2022-09-26Decided 2025-01-27Vaccine Influenza
compensated$87,500

Case summary [AI summaries can sometimes make mistakes]

Nicole Brickhouse filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she suffered a Table injury, specifically shoulder injury related to vaccine administration (SIRVA), as a result of an influenza vaccination received on December 10, 2019. She further alleged that she suffered residual effects of her injury for more than six months.

The respondent, the Secretary of Health and Human Services, reviewed the petition and medical records and conceded that compensation was appropriate. The respondent confirmed that the petitioner's injury was consistent with SIRVA, noting no prior history of shoulder issues, pain occurring within 48 hours of vaccination, and pain and reduced range of motion limited to the injection site.

The respondent also agreed that the petitioner suffered residual effects for more than six months, satisfying all legal prerequisites for compensation. Consequently, a ruling on entitlement was issued on May 13, 2024, finding Nicole Brickhouse entitled to compensation.

Subsequently, on December 18, 2024, the respondent filed a proffer on award of compensation, recommending an award of $87,500.00 for pain and suffering, which the petitioner agreed to. Based on this agreement and the record, a decision awarding damages was issued on January 27, 2025, granting Nicole Brickhouse a lump sum payment of $87,500.00 for pain and suffering.

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