Amy Lee Dillson v. HHS - Influenza, left shoulder injury (2015)

Amy Lee Dillson filed a petition for compensation under the National Vaccine Injury Compensation Program on October 8, 2014, alleging a left shoulder injury resulting from an influenza vaccine administered on October 12, 2012. The case was handled by the Special Processing Unit.

On May 21, 2015, the respondent filed a Rule 4(c) report conceding that Ms. Dillson was entitled to compensation.

The respondent's medical personnel concluded that Ms. Dillson suffered a non-Table injury of Shoulder Injury Related to Vaccine Administration (SIRVA) and that the preponderance of the medical evidence indicated the injury was causally related to the vaccination.

Based on this concession, Chief Special Master Denise Kathryn Vowell issued a ruling on entitlement. Subsequently, on August 21, 2015, the parties filed a joint proffer on the award of compensation.

The respondent proffered that Ms. Dillson should be awarded $70,000.00 for actual and projected pain and suffering, which petitioner agreed to.

The parties also agreed that the vaccine-related injury had not impaired Ms. Dillson's earning capacity, and therefore, no award for lost wages or future earnings was sought.

The proffer also noted that petitioner had not submitted documentation for unreimbursed expenses, and thus no award was sought for that category. Chief Special Master Vowell issued a decision awarding Ms.

Dillson a lump sum payment of $70,000.00, payable by check to Amy Dillson, as compensation for all damages available under the Vaccine Act. The decision was based on the parties' stipulation and proffer.

Petitioner was represented by Danny Ray Ellis of Massey & Associates, P.C., and respondent was represented by Alexis Babcock of the U.S. Department of Justice.