Bena Tomlinson v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2015)

Bena Tomlinson filed a petition on September 25, 2013, alleging that she suffered a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on October 6, 2010. The respondent filed a Rule 4(c) Report on February 10, 2014, conceding that Ms.

Tomlinson suffered from SIRVA and recommending compensation. The parties subsequently reached a proffer agreement for an award of damages.

Special Master Laura D. Millman issued a decision on February 13, 2015, awarding Ms.

Tomlinson a lump sum payment of $170,000.00, representing all elements of compensation to which she would be entitled under 42 U.S.C. § 300aa-15(a). The award was to be paid via a check made payable to Bena Tomlinson.

The public decision does not describe the specific onset of symptoms, medical examinations, or treatments. Petitioner counsel was Ronald C.

Homer, and respondent counsel was Michael P. Milmoe.

Ms. Tomlinson is a competent adult.