Wanda Underwood v. HHS - Influenza, left arm and shoulder injury secondary to the influenza (“flu”) vaccination (2014)

On March 31, 2014, Wanda Underwood filed a petition under the National Childhood Vaccine Injury Act alleging that she suffered a left arm and shoulder injury secondary to an influenza vaccine received on October 14, 2011. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) Report on June 30, 2014, conceding that Ms.

Underwood suffered from a shoulder injury related to vaccine administration (SIRVA) and recommended compensation. The parties subsequently reached a stipulation and proffer agreement regarding the award of damages.

Special Master Laura D. Millman issued a decision on August 13, 2014, finding the terms of the proffer to be reasonable and awarding compensation based on the record.

The award consisted of a lump sum payment of $135,000.00, representing $128,068.99 for pain and suffering and $6,931.01 for past unreimbursed expenses. An additional lump sum payment of $321.38 was awarded to satisfy a State of Illinois Medicaid lien, payable jointly to Ms.

Underwood and the Illinois Department of Healthcare and Family Services. Ms.

Underwood agreed to endorse this payment to the State of Illinois. The total award amounted to $135,321.38.

Petitioner was represented by Ronald C. Homer, and respondent was represented by Alexis B.

Babcock. The decision was not designated for publication.

The public decision does not describe the onset of symptoms, specific medical tests, treatments, or the mechanism of injury.