Marcella Bennett v. HHS - Influenza, left shoulder injuries, rotator cuff impingement and partial tear of the anterior supraspinatus tendon (2017)

Marcella Bennett filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she suffered injuries to her left shoulder, including rotator cuff impingement and a partial tear of the anterior supraspinatus tendon, as a result of an influenza vaccination she received on December 5, 2012. She further alleged that she suffered residual effects from this injury for more than six months.

Initially, Ms. Bennett had filed a medical malpractice suit against Walgreens, but she voluntarily dismissed it after conferring with the Respondent.

The case was assigned to the Special Processing Unit. In a Rule 4(c) report filed on April 1, 2016, the Respondent conceded that a preponderance of the evidence established that Ms.

Bennett's left shoulder injury was caused-in-fact by the flu vaccine and that the statutory six-month sequela requirement was satisfied. Based on this concession and the evidence, the Chief Special Master issued a ruling on entitlement, finding Ms.

Bennett entitled to compensation. Subsequently, on October 27, 2016, the Respondent filed a proffer on award of compensation, proposing an award of $125,000.00, which Ms.

Bennett agreed to. This amount was intended to compensate for all damages available under the Act.

The Chief Special Master issued a decision awarding Ms. Bennett a lump sum payment of $125,000.00.