Cherrie Brower v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2024)

Cherrie Brower filed a petition for compensation under the National Vaccine Injury Compensation Program on December 12, 2023, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) from an influenza vaccine received on October 22, 2021. Petitioner stated the vaccine was administered in the United States, her injury lasted longer than six months, and she had not received other compensation for the injury.

The Secretary of Health and Human Services, Respondent, filed a Rule 4(c) report on September 23, 2024, conceding that Petitioner is entitled to compensation. Respondent agreed that Petitioner's alleged injury was consistent with SIRVA as defined by the Vaccine Injury Table, noting that Petitioner had no prior history of shoulder pain, the pain occurred within 48 hours of the intramuscular vaccination, the pain was limited to the vaccinated shoulder, and no other condition explained the pain.

Respondent also agreed that Petitioner's condition persisted for more than six months and that she met all legal prerequisites for compensation. Based on Respondent's concession and the evidence of record, Chief Special Master Brian H.

Corcoran found Petitioner entitled to compensation. The public decision does not describe the specific onset of symptoms, diagnostic tests, treatments, or expert witnesses.

The case was assigned to the Special Processing Unit of the Office of Special Masters. Petitioner was represented by Leah VaSahnja Durant of the Law Offices of Leah V.

Durant, PLLC, and Respondent was represented by Elizabeth Andary of the U.S. Department of Justice.

The ruling on entitlement was issued on October 30, 2024.