Penny Rackley v. HHS - Influenza, shoulder injury (2015)

Penny Rackley filed a petition on December 30, 2014, alleging that the influenza and pneumococcal vaccines she received on October 25, 2013, caused her to suffer a shoulder injury with residual effects lasting more than six months. The respondent, the Secretary of Health and Human Services, denied that the flu immunization caused the petitioner's alleged shoulder injury or any other injury or condition.

The parties ultimately agreed to settle the case through a joint stipulation. Special Master Christian J.

Moran reviewed and adopted the stipulation as the decision of the Court. The stipulation provided for vaccine compensation payments, including a lump sum of $115,000.00 payable to Penny Rackley for all damages, and a lump sum of $15,714.97 payable jointly to Ms.

Rackley and her attorney, Maximillian Muller, for attorneys' fees and costs. The stipulation stated that no out-of-pocket expenses were incurred by the petitioner.

The decision noted that the case was resolved via stipulation, with the parties agreeing to the terms of the settlement without an admission of causation by the respondent. Penny Rackley, in return for the payments, released the United States and the Secretary from all claims related to the flu vaccination administered on October 25, 2013.

The decision was signed by Special Master Christian J. Moran and filed on February 3, 2015.

Petitioner was represented by Maximillian J. Muller of Muller Brazil, LLP, and Respondent was represented by Traci R.

Patton of the U.S. Department of Justice.