Audrey M. Abbott v. HHS - Influenza, left shoulder injury (2017)

Audrey M. Abbott filed a petition for compensation under the National Vaccine Injury Compensation Program on October 9, 2015, alleging a left shoulder injury following an influenza vaccination administered on October 24, 2012.

The case was assigned to the Special Processing Unit. On February 24, 2016, the respondent filed a Rule 4(c) report conceding that Ms.

Abbott's alleged injury was consistent with a shoulder injury related to vaccine administration (SIRVA) and that it was caused-in-fact by the influenza vaccination. The respondent also agreed that no other cause for the injury had been identified, that the statutory six-month sequela requirement was satisfied, and that Ms.

Abbott met all legal prerequisites for compensation. Based on the respondent's concession and the evidence, Chief Special Master Nora Beth Dorsey issued a ruling on entitlement on February 25, 2016, finding Ms.

Abbott entitled to compensation. Subsequently, on April 12, 2017, the parties filed a joint stipulation on damages.

On December 8, 2017, Chief Special Master Dorsey issued a decision adopting the stipulation, awarding Ms. Abbott a lump sum of $160,502.39, payable by check to the petitioner, as compensation for all damages.

Daniel Pfeifer and Daniel Henry Pfeifer of Pfeifer, Morgan & Stesiak represented the petitioner, and Robert Coleman and Robert Paul Coleman, III of the U.S. Department of Justice represented the respondent.