Marlyne Tannen v. HHS - Influenza, shoulder injury and/or adhesive capsulitis (2017)

Marlyne Tannen filed a petition for compensation under the National Vaccine Injury Compensation Program on June 30, 2015, later amending it on May 9, 2016. She alleged that she suffered a shoulder injury and/or adhesive capsulitis as a result of an influenza vaccination administered on October 4, 2012.

Ms. Tannen stated the vaccine was administered in the United States, that she experienced residual effects for more than six months, and that there had been no prior award or settlement of a civil action for damages related to her injury.

The respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused Ms. Tannen's alleged shoulder injury, adhesive capsulitis, or any other injury or condition.

Despite the respondent's denial, on December 7, 2016, both parties filed a joint stipulation for damages, agreeing that compensation should be awarded. Chief Special Master Nora Beth Dorsey reviewed the stipulation and found it to be reasonable, adopting it as the decision of the Court.

Ms. Tannen was awarded a lump sum of $55,000.00, payable to her via check.

This amount was stipulated to represent compensation for all items of damages available under the Vaccine Act. The decision was entered on April 19, 2017.

Petitioner was represented by Maximillian J. Muller of Muller Brazil, LLP, and respondent was represented by Amy Paula Kokot of the U.S.

Department of Justice.