Susan Carlisle v. HHS - Influenza, post-vaccination inflammation in her gluteus medius and maximus and that she continues to experience pain in her left hip area (2014)

Susan Carlisle filed a petition seeking compensation under the National Vaccine Injury Compensation Program, alleging that she suffered post-vaccination inflammation in her gluteus medius and maximus and continued pain in her left hip area as a result of receiving the influenza vaccine on October 22, 2012. Initially, she alleged the vaccination was in her left buttocks, but later discovered and disclosed that it was administered in her left deltoid.

Due to this discrepancy and the lack of evidence, Carlisle determined she would request a dismissal of her case. The court noted that to receive compensation, a petitioner must prove either a Table Injury or that the injury was actually caused by the vaccine.

The record did not contain evidence of a Table Injury, nor did it include a medical expert's opinion or other persuasive evidence that the alleged hip injury could have been caused by a vaccination administered in the deltoid. The court found insufficient evidence to meet her burden of proof and dismissed the case for insufficient proof.

Subsequently, the parties filed a stipulation regarding attorneys' fees and costs, agreeing that Petitioner's counsel should receive a total of $18,800.00. The Special Master approved this amount as reasonable and ordered judgment to be entered in accordance with the stipulation.