Stacey Spossey v. HHS - Influenza, shoulder injury related to vaccine administration (2016)

Stacey Spossey filed a petition for compensation under the National Vaccine Injury Compensation Program on October 26, 2015, alleging that she received an influenza vaccine on October 17, 2014, and subsequently suffered an injury to her left shoulder. The case was assigned to the Special Processing Unit.

On January 15, 2016, the respondent filed a Rule 4(c) report conceding entitlement to compensation. The respondent concluded that the petitioner's alleged injury was consistent with a shoulder injury related to vaccine administration (SIRVA) and was caused-in-fact by the flu vaccine administered on October 17, 2014.

The respondent also stated that the medical evidence showed the petitioner had suffered the condition for more than six months and that no other causes for the SIRVA were identified. Based on the respondent's concession and the evidence of record, Chief Special Master Nora Beth Dorsey found the petitioner entitled to compensation.

Subsequently, on November 14, 2016, the respondent filed a proffer on award of compensation, proposing an award of $215,000.00, which the petitioner agreed to. The proffer noted that at the time of the Rule 4(c) report, the petitioner was still rehabilitating from surgery on her left shoulder, and thereafter underwent a second shoulder surgery on April 12, 2016.

She suffered serious complications, including venous thrombosis and two acute pulmonary embolisms, requiring lifelong anti-coagulant therapy. Her prior menorrhagia management had to be discontinued due to these clotting issues, leading to insufferably heavy menses and a subsequent hysterectomy in June 2016.

The respondent believed these events were complications of the petitioner's SIRVA. In a decision dated November 15, 2016, Chief Special Master Dorsey awarded Stacey Spossey a lump sum payment of $215,000.00, payable by check to the petitioner, as compensation for all damages available under 42 U.S.C. § 300aa-15(a).

The petitioner is a competent adult, and no guardianship was required. Michael G.

McLaren of Black McLaren, et al., PC, represented the petitioner, and Jennifer L. Reynaud of the U.S.

Department of Justice represented the respondent. Chief Special Master Nora Beth Dorsey presided over the case.