VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_23-vv-02107 Package ID: USCOURTS-cofc-1_23-vv-02107 Petitioner: Cherrie Brower Filed: 2023-12-12 Decided: 2024-10-30 Vaccine: influenza Vaccination date: 2021-10-22 Condition: shoulder injury related to vaccine administration (SIRVA) Outcome: entitlement_granted_pending_damages Award amount USD: AI-assisted case summary: 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. Theory of causation field: Petitioner Cherrie Brower filed a petition alleging a shoulder injury related to vaccine administration (SIRVA) following an influenza vaccine on October 22, 2021. Respondent conceded entitlement, agreeing the injury was consistent with SIRVA as defined by the Vaccine Injury Table, citing no prior shoulder history, pain onset within 48 hours post-vaccination, localized pain to the vaccinated shoulder, and no other explanatory condition. Respondent also agreed the condition persisted over six months and all legal prerequisites were met. Chief Special Master Brian H. Corcoran issued a ruling on entitlement on October 30, 2024, granting compensation. The public text does not detail the specific mechanism of injury, expert testimony, or the breakdown of the award amount, as entitlement was granted based on concession. Petitioner was represented by Leah VaSahnja Durant and Respondent by Elizabeth Andary. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_23-vv-02107-0 Date issued/filed: 2024-10-30 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 09/23/2024) regarding 21 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (nh) Service on parties made. -------------------------------------------------------------------------------- Case 1:23-vv-02107-UNJ Document 24 Filed 10/30/24 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 23-2107V CHERRIE BROWER, Chief Special Master Corcoran Petitioner, Filed: September 23, 2024 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Leah VaSahnja Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC, for Petitioner. Elizabeth Andary, U.S. Department of Justice, Washington, DC, for Respondent. RULING ON ENTITLEMENT1 On December 12, 2023, Cherrie Brower filed a petition for compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.2 (the “Vaccine Act”). Petitioner alleges that she suffered a shoulder injury related to vaccine administration (“SIRVA”) resulting from an influenza vaccine received on October 22, 2021. Petition at 1. Petitioner further alleges that the vaccine was administered in the United States, her injury lasted longer than six months, and neither Petitioner, nor any other party, has received compensation in the form of an award or settlement for Petitioner’s vaccine-related injury. Petition at ¶¶ 1, 11, 12; Ex. 5 at 4. The case was assigned to the Special Processing Unit of the Office of Special Masters. 1 Because this Ruling contains a reasoned explanation for the action taken in this case, it must be made publicly accessible and will be posted on the United States Court of Federal Claims' website, and/or at https://www.govinfo.gov/app/collection/uscourts/national/cofc, in accordance with the E-Government Act of 2002. 44 U.S.C. § 3501 note (2018) (Federal Management and Promotion of Electronic Government Services). This means the Ruling will be available to anyone with access to the internet. In accordance with Vaccine Rule 18(b), Petitioner has 14 days to identify and move to redact medical or other information, the disclosure of which would constitute an unwarranted invasion of privacy. If, upon review, I agree that the identified material fits within this definition, I will redact such material from public access. 2 National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755. Hereinafter, for ease of citation, all section references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. § 300aa (2018). Case 1:23-vv-02107-UNJ Document 24 Filed 10/30/24 Page 2 of 2 On September 23, 2024, Respondent filed his Rule 4(c) report in which he concedes that Petitioner is entitled to compensation in this case. Respondent’s Rule 4(c) Report at 1. Specifically, Respondent agrees that Petitioner’s alleged injury is consistent with SIRVA as defined by the Vaccine Injury Table in that “petitioner had no history of pain, inflammation, or dysfunction of her right shoulder prior to vaccination; pain occurred within 48 hours after receipt of an intramuscular vaccination; pain was limited to the shoulder in which the vaccine was administered; and no other condition or abnormality has been identified to explain petitioner’s shoulder pain.” Id. at 4. Respondent further agrees that the records demonstrate that Petitioner suffered the residual effects of her condition for more than six months and has satisfied all legal prerequisites for compensation under the Act. Id. In view of Respondent’s position and the evidence of record, I find that Petitioner is entitled to compensation. IT IS SO ORDERED. s/Brian H. Corcoran Brian H. Corcoran Chief Special Master 2 ================================================================================ DOCUMENT 2: USCOURTS-cofc-1_23-vv-02107-cl-extra-10733856 Date issued/filed: 2024-10-30 Pages: 1 Docket text: Supplementary opinion from CourtListener cluster 10267266 -------------------------------------------------------------------------------- In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 23-2107V CHERRIE BROWER, Chief Special Master Corcoran Petitioner, Filed: September 23, 2024 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Leah VaSahnja Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC, for Petitioner. Elizabeth Andary, U.S. Department of Justice, Washington, DC, for Respondent. RULING ON ENTITLEMENT1 On December 12, 2023, Cherrie Brower filed a petition for compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.2 (the “Vaccine Act”). Petitioner alleges that she suffered a shoulder injury related to vaccine administration (“SIRVA”) resulting from an influenza vaccine received on October 22, 2021. Petition at 1. Petitioner further alleges that the vaccine was administered in the United States, her injury lasted longer than six months, and neither Petitioner, nor any other party, has received compensation in the form of an award or settlement for Petitioner’s vaccine-related injury. Petition at ¶¶ 1, 11, 12; Ex. 5 at 4. The case was assigned to the Special Processing Unit of the Office of Special Masters. 1 Because this Ruling contains a reasoned explanation for the action taken in this case, it must be made publicly accessible and will be posted on the United States Court of Federal Claims' website, and/or at https://www.govinfo.gov/app/collection/uscourts/national/cofc, in accordance with the E-Government Act of 2002. 44 U.S.C. § 3501 note (2018) (Federal Management and Promotion of Electronic Government Services). This means the Ruling will be available to anyone with access to the internet. In accordance with Vaccine Rule 18(b), Petitioner has 14 days to identify and move to redact medical or other information, the disclosure of which would constitute an unwarranted invasion of privacy. If, upon review, I agree that the identified material fits within this definition, I will redact such material from public access. 2 National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755. Hereinafter, for ease of citation, all section references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. § 300aa (2018). On September 23, 2024, Respondent filed his Rule 4(c) report in which he concedes that Petitioner is entitled to compensation in this case. Respondent’s Rule 4(c) Report at 1. Specifically, Respondent agrees that Petitioner’s alleged injury is consistent with SIRVA as defined by the Vaccine Injury Table in that “petitioner had no history of pain, inflammation, or dysfunction of her right shoulder prior to vaccination; pain occurred within 48 hours after receipt of an intramuscular vaccination; pain was limited to the shoulder in which the vaccine was administered; and no other condition or abnormality has been identified to explain petitioner’s shoulder pain.” Id. at 4. Respondent further agrees that the records demonstrate that Petitioner suffered the residual effects of her condition for more than six months and has satisfied all legal prerequisites for compensation under the Act. Id. In view of Respondent’s position and the evidence of record, I find that Petitioner is entitled to compensation. IT IS SO ORDERED. s/Brian H. Corcoran Brian H. Corcoran Chief Special Master 2