Tracy Fox v. HHS - Influenza, injuries to her right arm and shoulder (2014)

Tracy Fox filed a petition on October 29, 2014, under the National Vaccine Injury Compensation Program, alleging that she suffered injuries to her right arm and shoulder as a result of receiving an influenza vaccine on September 12, 2012. She further alleged that the residual effects of her injury lasted for more than six months.

The respondent, the Secretary of Health and Human Services, denied that the flu vaccination caused Ms. Fox's injuries.

Despite this denial, the parties reached a joint stipulation on damages, which was filed on October 27, 2014. Special Master Thomas L.

Gowen reviewed the stipulation and found it reasonable, adopting it as the decision of the Court. The stipulation awarded Tracy Fox a lump sum of $85,000.00, payable to her, as compensation for all damages.

Additionally, the parties stipulated to an award of attorneys' fees and costs totaling $15,373.47, to be jointly payable to Ms. Fox and her attorney, Lawrence R.

Cohan. The decision notes that Ms.

Fox represented she did not personally incur costs related to the proceeding. The parties waived their right to seek review, expediting the entry of judgment.

The public decision does not describe the specific onset of symptoms, medical examinations, diagnostic tests, or treatments received by Ms. Fox, nor does it detail the specific mechanism of injury or name any medical experts.