Bertha Hixson v. HHS - Influenza, left shoulder SIRVA (2016)

On October 26, 2015, Bertha Hixson filed a Vaccine Program petition after receiving an influenza vaccine on October 4, 2014. She alleged that the flu vaccination caused left shoulder injuries, and the case was assigned to the Special Processing Unit.

Respondent conceded entitlement in a Rule 4(c) report filed January 22, 2016. The report concluded that Hixson's alleged injury was consistent with shoulder injury related to vaccine administration, or SIRVA; that a preponderance of the evidence showed the SIRVA was caused in fact by the October 4, 2014 flu vaccine; that no other cause had been identified; and that the six-month sequela requirement was satisfied.

Respondent noted that although the petition listed several shoulder diagnoses, including brachial neuritis, the record did not support diagnoses such as brachial neuritis. Chief Special Master Nora Beth Dorsey granted entitlement on January 28, 2016.

Respondent later filed a damages proffer on August 10, 2016, and Hixson agreed. That same day, Chief Special Master Dorsey awarded a lump sum of $100,000.00, payable to Bertha Hixson, representing all damages available under section 15(a).

Hixson was represented by Bruce William Slane of the Law Office of Bruce W. Slane, P.C.