Ninebeth Gal v. HHS - Influenza, left shoulder injury (2016)

Ninebeth Gal filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging she suffered a left shoulder injury after receiving an influenza vaccine on December 21, 2012. She claimed the effects of this injury persisted for at least six months.

The respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused her alleged injury or any other injury, and denied that her current disabilities were sequelae of a vaccine-related injury. Despite the respondent's denial, the parties filed a joint stipulation agreeing to an award of compensation.

The court found the stipulation reasonable and adopted it as the decision of the Court. The parties also stipulated to an award of attorneys' fees and costs, which the court granted.

Ninebeth Gal was awarded a lump sum payment of $95,000.00 for all items of damages and an additional lump sum of $8,428.00 for attorneys' fees and costs, totaling $103,428.00. The decision was issued on May 5, 2016, following the stipulation filed on February 8, 2016.